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NORTH CAROLINA 



/// 




RECEIVED 

AUG 2 1999 

KATHRINE R. EVERETT 
LAW LIBRARY 



Volume 14 • issue 3 • Pages 123 - 262 









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August 2, 1999 



m THIS ISSUE 

Voting Rights Letters 
Aeupoacture 
Agriculture 
Commerce 

Environment and Natural Resources 
Governor, Office of the 
Health and Human Services 
Medical Board 
Transportation, 
--'^ules Review Commission 
Contested Case Decisions 



M 



// 



PUBLISHED BY 

The Office of Administrative Hearings 
Rules Division 
PO Drawer 27447 
Raleigh, NC 27611-7447 
Telephone (919) 733-2678 
Fax (919) 733-3462 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-1 J. 13 



For those persons that have questions or concerns regarding the Administrative Procedure Act or any of its 
components, consult with the agencies below. The bolded headings are typical issues which the given 
agency can address, but are not inclusive. 



Rule Notices. Filings. Register. Deadlines. Copies of Proposed Rules, etc. 



Office of Administrative Hearings 
Rules Division 
Capehart-Crocker House 
424 North Blount Street 
Raleigh, North Carolina 27601-2817 

contact: Molly Masich, Director APA Services 
Rubv Creech, Publications Coordinator 



(919)733-2678 
(919) 733-3462 FAX 

nimasich@oah.state.nc.us 
rcreech@oah. state. nc. us 



Fiscal Notes & Economic Analysis 

Office of State Budget and Management 

116 West Jones Street 

Raleigh, North CaroUna 27603-8005 

contact: Warren Plonk, Economist III 



(919)733-7061 
(919) 733-0640 FAX 

wplonk@osbm.state.nc.us 



Rule Review and Legal Issues 

Rules Review Commission 
1307 Glenwood Ave., Suite 159 
Raleigh, North Carolina 27605 

contact; Joe DeLuca Jr., Staff Director Counsel 
Bobby Bryan, Staff Attorney 



(919) 733-2721 
(919) 733-9415 FAX 



Legislative Process Concerning Rule-making 

Joint Legislative Administrative Procedure Oversight Committee 

545 Legislative Office Building 

300 North Salisbury Street (9 1 9) 733-2578 

Raleigh, North Carolina 2761 1 (919) 715-5460 FAX 



contact: Mary Shuping, Staff Liaison 



marvs@ms.ncga.state.nc.us 



County and Municipality Government Questions or Notification 

NC Association of County Commissioners 

215 North Dawson Street (919) 715-2893 

Raleigh, North Carolina 27603 

contact: Jim Blackburn or Rebecca Troutman 



NC League of Municipalities 
215 North Dawson Street 
Raleigh, North Carohna 27603 

contact: Paula Thomas 



(919)715-4000 



This publication is printed on permanent, acid-free paper in compliance with G.S. 125-11. 13 



NORTH CAROLINA 
REGISTER 



IN THIS ISSUE 




Volume 14, Issue 3 
Pages 123 - 262 



I. IN ADDITION 

Voting Rights Letters 



II. 



III. 



August 2, 1999 



This issue contains documents officially filed 
through July 12, 1999. 



123- 124 



RULE-MAKING PROCEEDINGS 
Commerce 

Cape Fear Navigation & Pilotage 

Commission 125 

Environment and Natural Resources 

Environmental Management 125 

Health and Human Services 

Health Services, Commission for 126 

Licensing Boards 

Medical Board 127 

Transportation 

Highways, Division of 126 - 127 



PROPOSED RULES 

Agriculture 

Veterinary Division 128 ■ 

Environment and Natural Resources 

Environmental Management 162 ■ 

Health Services. Commission for 234 - 

Health and Human Services 

Child Care Commission 154 - 

Facility Services 130 - 

Licensing Boards 
Acupuncture 243 • 



130 

234 
243 

162 
154 

244 



Office of Administrative Hearings 

Rules Division 

424 North Blount Street (27601 ) 

PO Drawer 27447 

Raleigh. NC 2761 1-7447 

(919)733-2678 

FAX (919) 733-3462 



Julian Mann III. Director 

Camille Winston, Deputy Director 

Molly Masich, Director of APA Services 

Ruby Creech. Publications Coordinator 

Jean Shirley, Editorial Assistant 

Linda Dupree, Editorial Assistant 

Jessica Flowers, Editorial Assistant 



IV. TEMPORARY RULES 

Environment and Natural Resources 

Health Services 247-254 

Governor, Office of the 

Juvenile Justice 245 - 246 

Health and Human Services 

Medical Assistance 246 - 247 

V. RULES REVIEW COMMISSION 255-259 

VI. CONTESTED CASE DECISIONS 

Index to ALJ Decisions 260-262 

VII. CUMULATIVE INDEX 1 59 



Nunh Carolina Register ii published semi-monthly for SI9.S per year by the OtTiee ol Admmistrative Hearings. 424 North Blount Street, Raleigh. NC 
27601 . (ISSN 15200604) to mail at Penodicals Rates is paid at Raleigh. NC POSTMASTER Send Address changes to the Nonli Carolina Regisur. 
PO Drawer 27447. Raleieh. NC 2761 1-7447 



NORTH CAROLINA ADMINISTRATIVE CODE CLASSIFICATION SYSTEM 



The North Carolina Adinmistrative Code INCAC) has four major subdivisions of rules. Two of these, titles and chapters, 
are mandatory. The major subdivision of the NCAC is the title. Each major department in the North Carolina executive 
branch of government has been assigned a title number. Titles are further broken down into chapters which shall be 
numerical in order. The other two, subchapters and sections are optional subdivisions to be used by agencies when 
appropriate. 



TITLE/MAJOR DIVISIONS OF THE NORTH CAROLINA ADMINISTRATIVE CODE 
TITLE DEPARTMENT LICENSING BOARDS CHAPTER 



1 


Administration 


Acupuncture 


1 


2 


Agriculture 


Architecture 


1 


3 


Auditor 


Athletic Trainer Examiners 


3 


4 


Commerce 


Auctioneers 


4 


5 


Correction 


Barber Examiners 


6 


6 


Council of State 


Certified Public Accountant Examiners 


8 


7 


Cultural Resources 


Chiropractic Examiners 


10 


8 


Elections 


Employee Assistance Professionals 


11 


9 


Governor 


General Contractors 


12 


K) 


Health and Human Services 


Cosmetic Art Examiners 


14 


11 


Insurance 


Dental Examiners 


16 


12 


Justice 


Dietetics/Nutrition 


17 


13 


Labor 


Electrical Contractors 


18 


14A 


Crime Control & Public Safety 


Electrolysis 


19 


15A 


Environment and Natural Resources 


Foresters 


20 


16 


Public Education 


Geologists 


21 


17 


Revenue 


Hearing Aid Dealers and Fitters 


n 


18 


Secretary of State 


Landscape Architects 


26 


19A 


Transportation 


Landscape Contractors 


28 


20 


Treasurer 


Marital and Family Therapy 


31 


*21 


Occupational Licensing Boards 


Medical Examiners 


32 


■>-) 


Administrative Procedures (Repealed) 


Midwifery Joint Committee 


33 


23 


Community Colleges 


Mortuary Science 


34 


24 


Independent Agencies 


Nursing 


36 


25 


State Personnel 


Nursing Home Administrators 


37 


26 


Administrative Hearings 


Occupational Therapists 


38 


27 


NC State Bar 


Opticians 


40 






Optometry 


42 






Osteopathic Examination & Reg. (Repealed) 


44 






Pastoral Counselors. Fee-Based Practicing 


45 






Pharmacy 


46 






Physical Therapy Examiners 


48 






Plumbing. Heating & Fire Sprinkler Contractors 


50 






Podiatry Examiners 


52 






Professional Counselors 


53 






Psychology Board 


54 






Professional Engineers & Land Surveyors 


56 






Real Estate Appraisal Board 


57 






Real Estate Commission 


58 






Refrigeration Examiners 


60 






Sanitarian Examiners 


62 






Social Work Certification 


63 






Soil Scientists 


69 






Speech & Language Pathologists & Audiologists 


64 






Substance Abuse Professionals 


68 






Therapeutic Recreation Certification 


65 






Veterinary Medical Board 


66 



Note: Title 21 contains the chapters of the various occupational licensing boar(Js. 






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IN ADDITION 



This Section contains public notices that are required to be published in the Register or have been approved by the Codifier 
of Rules for publication. 



U.S. Department of Justice 
Civil Rights Division 



EJ:DEBR:TGL:cly Voting Section 

DJ 1 66-0 1 2-3 PO. Box 66128 

99-1086 Washington. D.C. 20035-6128 



June 21, 1999 



Michael Crowell, Esq. 
Tharrington Smith 
P.O.Box 1151 
Raleigh. NC 27602-1151 



Dear Mr. Crowell: 



This refers to Session Law 1999-12, which provides for a special election to fill a vacancy in District 4 and future 
vacancy procedures for the Board of Education of Edgecombe County. North Carolina, submitted to the Attorney General 
pursuant to Section 5 of the Voting Rights Act. 42 U.S.C. 1973c. We received your submission on April 20, 1999; supplemental 
information was received on April 28, 1999. 

The Attorney General does not interpose any objection of the specified changes. However, we note that Section 5 
expressly provides that the failure of (he Attorney General to object does not bar subsequent litigation to enjoin the enforcement of 
the changes. See the Procedures for the Administration of Section 5 (28 C.F.R. 51 .41 ). 

When the special election for District 4 is called, the schedule and all other voting changes will be subject to Section 5 
review. 



Sincerely, 



Elizabeth Johnson 
Chief. Votinii Section 



14:3 NORTH CAROLINA REGISTER August 2, 1999 123 



IN ADDITION 



U.S. Department of Justice 
Civil Rights Division 



EJ:DHH:K]F:cly Voting Section 

DJ 166-012-3 PO. Box 66128 

99-1090 Washington. DC. 20035-6128 



July 18. 1999 



Linda Miles. Esq. 

City Attorney 

P.O. Box 3 1 36 

Greensboro. NC 27402-31.^6 



Dear Ms. Miles: 



This refers to the annexation (Ordinance No. 99-36) and its designation to District 2 of the City of Greensboro n Guilford 
County. North Carolina, submitted to the Attorney General pursuant to Section 5 of the Voting Rights Act. 42 U.S.C. 1973c. We 
received your submission of April 20, 1999; supplemental information was received on April 26. 1999. 

The Attorney General does not interpose any objection to the specified changes. However, we note that Section 5 
expressly provides that the failure of the Attorney General to object does not bar subsequent litigation to enjoin the enforcement of 
the changes. See the Procedures for the Administration of Section 3 (28 C.F.R. 52. 41 ). 



Sincerely, 



Elizabeth Johnson 
Chief, Voting Sectit)n 



124 NORTH CAROLINA REGISTER August 2, 1999 14:3 



RULE-MAKING PROCEEDINGS 



A Notice of Rule-making Proceedings is a statement of subject matter of the agency's proposed rule making. The agency 
must publish a notice of the subject matter for public comment at least 60 days prior to publishing the proposed text of a rule. 
Publication of a temporary rule serves as a Notice of Rule-making Proceedings and can be found in the Register under the 
section heading of Temporary Rules. A Rule-making Agenda published by an agency sen-es as Rule-making Proceedings and 
can be found in the Register under the section heading of Rule-making Agendas. Statuton reference: G.S. 150B-21 .2. 



TITLE 4 - DEPARTMENT OF COMMERCE 

CHAPTER 15 - COMMISSION OF NAVIGATION AND 
PILOTAGE FOR THE CAPE FEAR RIVER AND BAR 

■\ jotice of Rule-making Proceedings is hereby given by the 
1 V Cape Fear Navigation and Pilotage Commission in 
accordcmce with G.S. I50B-21.2. The agency shall 
subsequently publish in the Register the text of the rule(s) it 
proposes to adopt as a result of this notice of rule-making 
proceedings and any comments received on this notice. 



in the Register the te.xt of the rule(s) it proposes to adopt as a 
result of this notice of rule-making proceedings and any 
comments received on this notice. 

Citation to Existing Rules Affected by this Rule-Making: 

ISA NCAC 2B. 0241. Other rules may be proposed in the 
course of the rule-making process. 

Authority for the rule-making: G.S. 143-2H: 143-214.1; 
143-214.7: 143-215.1: 143-215. 3(a)(l ): 143-215.6A: 143- 
2156B: 143-2156C: 143-282(d) 



Citation to Existing Rules Affected by this Rule-Making: 4 

NCAC 15 .0019. .0020. .0021. Other rules may be proposed 
in the course of the rule-making process. 

Authority for the rule-making: G.S. 76A 

Statement of the Subject Matter: Rule .0019(a) adds a 
formula to determine the number of pilots licensed based upon 
the number of vessels calling the port add wording to better 
define the term "extreme emergency." Rule .0020 to limit the 
effective term of a "limited" and to license to one year to 
clarify G.S. 76A-6(2}. Rule .0021 to add wording that will 
assure an apprentice who has completed his training when no 
vacancy in the number of licensed pilots exists that he will fdl 
the next vacancy. 

Reason for Proposed Action: The Commission is agreeing 
with and responding to persons affected by present Code 
provisions. 

Comment Procedures: Written comments should be mailed 
to Mr. Louis K. Newton. Chairman. Cape Fear River 
Navigation & Pilotage Commission. PO Box 1807. 
Wilmington. NC 28402. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

A TOtice of Rule-making Proceedings is hereby given by the 
iy Environmental Management Commission in accordance 
with G.S. 1 50B-21.2. The agency shall subsequently publish 



Statement of the Subject Matter: This rule is needed to 
establish the riparian buffer delegation program. The 
program is referenced in the Neuse Buffer Rule (15A NCAC 
2B .0233), which slates that local governments have the option 
of requesting and receiving delegation from the Environmental 
Management Commission to implement riparian buffer 
protection within their own jurisdiction. 

Reason for Proposed Action: House Bill 1402 established 
the Stakeholder Advisory Committee for the Neuse Buffer 
Rule. The Committee consisted of 23 members representing 
specific organization with interests ranging from 
environmental protection, local government, development, 
industry and federal and state regulatoiy agencies. The 
Committee's role was to recommend modifications to the 
Neuse Buffer Rule (NBR) as adopted in 15A NCAC 2B .0233 
by the Environmental Management Commission. The intent of 
this process is to protect and enhance the water quality of the 
Neuse River while not imposing an undue burden on the 
regulated public. 

House Bill 1402 established how the rule was to be 
implemented on a temporary basis, created a stakeholder 
committee, established a requirement to allow for alternatives 
to maintaining the buffer through a compensator}- mitigation 
program, established a Riparian Buffer Mitigation Fund and 
program, and established requirement for the Environmental 
Management Commission (EMC) to adopt rules to provide for 
delegation of the program to interested local governments 

Comment Procedures: The purpose of this announcement is 
to encourage those interested in this rulemaking to provide 
written comments. Written comments may be submitted to Lin 
Xu. DENR, Division of Water Qualin: Planning Branch. 1617 
Mail Senice Center. Raleigh. NC 27699-1617. Question may 
be submitted to Lin Xu at (919) 733-5083 e.xt. 357. or 
lin_xu@h2o.enr. state. nc. us. 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



125 



RULE-MAKING PROCEEDINGS 



CHAPTER 21 - HEALTH: PERSONAL HEALTH 

SUBCHAPTER 21F - CHILDREN'S SPECIAL HEALTH 
SERVICES: CHILDREN AND YOUTH SECTION 

•\ jDtice of Rule-making Proceedings is hereby given by the 
1 y Commission for Healtli Sen.iees in accordance with G.S. 
I5UB-21.2. The agency sluill subsequently publish in the 
Register the text of the rule(s) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 



SUBCHAPTER 24A -PAYMENT PROGRAMS 

■KTOtice of Rule-making Proceedings is hereby given by the 
1 V Commission for Health Sen ices in accordance with G.S. 
I5UB-21.2. The agency shall subsequently publish in the 
Register the text of the rnlels) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 

Citation to Existing Rules Affected b> this Rule-Making: 

J5A NCAC 24A .0402. .0403. Other rules may be proposed m 
the course of the rule-making process. 

Authority for the rule-making: G.S. 130A 



Citation to Existing Rules Affected by this Rule-Making: 

15A NCAC 21 F .1201 - .1204 and ISA NCAC 21 H .0314. 
Other rules may be proposed in the course of the rule-making 
process. 

Authority for the rule-making: G.S. 130A-I25 

Statement of the Subject Matter: Rules ISA NCAC 21F 
.1201 -.1204 address (I I the program responsible for the 
hearing component of this State's Newborn Screening 
Program. (2) definition of tenns used in these rules, and (3) 
the screening and reporting requirements regarding neonatal 
physiologic hearing screenings. Amendment of Rule ISA 
NCAC 21 H .0314 will cross reference the genetic and hearing 
components of the Newborn Screening Program. 

Reason for Proposed Action: Approximately 80% of this 
Stale's birthing hospitals now have one of three types of 
equipment for perforviing newborn physiologic hearing 
screenings. Varied testing protocols are being employed 
across this State which result in varied outcomes regarding 
pass/fail interpretations. This agency has oversight 

responsibUity for the screening of newborns. The North 
Carolina General Assembly IS. L. 1998. c. 131. s. 13) directed 
the Commission for Health Sen-ices to adopt temporary and 
permanent rules to include newborn hearing screening in the 
Newborn Screening Program established under G.S. 130A- 
125. The Commission for Health Sen-ices will adopt as 
temporary rules on 8-18-99 with 10-1-99 effective date. 

Comment Procedures: Written comments nuiy be submitted 
to Mary Ann Stone, Children 's Special Health Sen ices. PO 
Box 29597. Raleigh. NC 27626-0S97. Copies of the proposed 
rules may be obtained by contacting Mar\- Ann Stone at 919- 
715-3904. 

CHAPTER 24 - GENERAL PROCEDURES FOR 
PUBLIC HEALTH PROGRAMS 



Statement of the Subject Matter: Rule .0402 - Establishes 

the Department's reimbursement rates for inpatient 

hospitalization. 

Rule .0403 - Establishes the Department's reimbursement 

rates for professional, outpatient and other senices. 

Reason for Proposed Action: These amendments would 
place limits on the amount that could be paid on any single 
claim for authorized sen-ices under the Cancer Program. 
These limits are defined as percentages of the program 's 
budget. This will protect the program 's budget from new, 
unusual, and high cost sen-ices, which could force the 
program to close suddenly, denying basic senices to many 
citizens. Recent budget shortfalls, and discussions with an 
Appropriations subcommittee (to obtain approval for the 
transfer of funds into the program) have heigluened the need 
for this fiscal limitation. The Commission for Health Sen'ices 
will adopt as temporaiy rules on 8-18-99 with effective date of 
August 23, 1999. 

Comment Procedures: Comments may be submitted in 
writing to Richard F. Moore. DHHS Controller's Office, 
Purchase of Medical Care Sen-ices Unit. PO Box 29602, 
Raleigh. NC 27626-0602. 



TITLE 19A - DEPARTMENT OF TRANSPORTATION 

CHAPTER 2 - DIVISION OF HIGHWAYS 

SUBCHAPTER 2E - MISCELLANEOUS 
OPERATIONS 

Ti jntice of Rule-making Proceedings is hereby given by the 
1 y Division of Highways in accordance with G.S. lSOB-21-2. 
The agency shall subsequently publish in the Reaister the text 
of the rulels) it proposes to adopt as a result of this notice of 
rule-making proceedings and any comments received on this 
notice. 

Citation to Existing Rules Affected by this Rule-Making: 



126 



NORTH CAROLINA REGISTER 



August!, 1999 



14:3 



RULE-MAKING PROCEEDINGS 



19A NCAC 02E .0201 - .0203: I9A NCAC 02E .0206 - .0215: 
19A NCAC02E .0224 - .0225. 19A NCAC 02 E .0602 - .0604. 
Other rules may be proposed in the course of the nde-makmg 
process. 

Authority for the rule-making: G.S. 105-86: 136-18: 136- 
89: 136-129- 136-130; 136-133: 136-134: 136-138: 143B- 
350(f): 150B-21.6 



CHAPTER 32 - BOARD i )F MEDICAL EXAMINERS 

-KTOtice of Rule-making Pr\>ceedings is hereby given by the 
ly North Carolina Medical Board in accordance with G.S. 
150B-21.2. The agency shall subsequently publish in the 
Register the te.xt of the rule{> ) it proposes to adopt as a result 
of this notice of rule-making proceedings and any comments 
received on this notice. 



Statement of the Subject Matter: Rules state conditions for 
effective control of outdoor advertising adjacent to the 
interstate and federal-aid primar}- highway rights of way. 



Citation to Existing Rules \ffected by this Rule-Making: 

21 NCAC 32R .0101 - .0104. Other rules max be proposed in 
the course of the rule-makini, process. 



Reason for Proposed Action: Rules are proposed for 
amendment and adoption to clarify ambiguities in the current 
Outdoor Advertising rules. The changes will simplify the 
permitting processes and administration of the program. The 
proposed changes will improve the overall effectiveness of the 
Outdoor Advertising Program. 

Comment Procedures: Any interested person may submit 
written comments on the proposed rules by mailing the 
comments to Emily Lee. NC DOT PO Bo.x 25201. Raleigh. NC 
27611, within 30 days after the proposed rules are published 
or until the date of the public hearing held on the proposed 
rules, whichever is longer. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 



Authority for the rule-makng: G.S. 90-14(15) 

Statement of the Subject N' atter: Revised requirements for 
continuing medical educatioi for physicians who are licensed 
in North Carolina. 

Reason for Proposed Action: Rules were approved by the 
Agency. OAH and Rules Rev ?n' but were not approved by the 
1999 Legislature. Revised rides have now been developed by 
the Agency. j 

Comment Procedures: Conuuents may be made at public 
hearing which will be schea\ded or may be made in writing 
and addressed to the NC Medical Board, Rule-making 
Coordinator. PO Bo.x 20007 1203 Front Street, Raleigh, NC 
27609. i 



14:3 



NORTH CAROLINA REGISTER 



August!, 1999 



127 



PROPOSED RULES 



This Section conluins the text of proposed rules. At least 6(1 Jays prior to the publication of text, the agency published a 
Notice of Rule-making Proceedings. The agency must accept comments on the proposed rule for at least 30 days from the 
publication date, or until the public hearing, or a later date if specified in the notice by the agency. The required comment 
period is 60 days for a rule that has a substantial economic impact of at least five million dollars ($5,000,000). Statutory 
refi'rence: G.S. I50B-2I.2. 



TITLE 2 - DEPARTMENT OF AGRICULTURE 

Notice is hereby given in accordance with G.S. 150B-21.2 
that the NC Board of Agriculture intends to amend rules 
cited as 2 NCAC 52B .0207. .0302: 52E .0209. Notice of 
Rule-making Proceedings was published in the Register on 
June 1. 1999. 

Proposed Effective Date: Jul\ I. 2000 

Instructions on How to Demand a Public Hearing (must be 
requested in writing within 15 days of notice): Any person may 
request a public hearing on the proposed rules by submitting a 
request in writing no later than August 17. 1999. to David S. 
McLeod. Secretary. NC Board of Agriculture. PO Bo.\ 27647. 
Raleigh. NC 2761 1. 

Reason for Proposed Action: 

2 NCAC 52B .0207 - North Carolina has made extraordinaty 
progress in reducing the number of herds quarantined 
because of pseudorabies vims (PRV) from approximately 600 
in 1997 to only 26 at present. The changes will ensure that 
imported swine are from negative herds. Swine originating 
from Stage II. 11/111. and HI areas have a higher degree of risk 
than swine from Stages IV and V: therefore, additional 
precautions must be taken. The proposed rule changes were 
adopted as temporary rules by the Board of Agriculture on 
Aprils. 1999. effective April 30. 1999. 

2 NCAC 528 .0302; 52E .0209 - The State Veterinarian has 
determined that it is unneces.sary to test cattle fir brucellosis 
prior to sale or prior to removal from a public livestock 
market if the cattle originated from a brucellosis-free state. 
This will facilitate movement of cattle and avoid the expense of 
unnecessary testing. 

Comment Procedures: Written comments may be submitted 
no later than September 1. 1999. to David S. McLeod. 
Secretary. NC Board of Agriculture. PO Box 27647, Raleigh, 
NC 27611. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substantial economic impact of at least five million 
dollars ($5,000,000) in a 12-month period. 

CHAPTER 52 - VETERINARY DIVISION 

SUBCHAPTER 52B - ANIMAL DISEASE 



SECTION .0200 - ADMISSION OF LIVESTOCK TO 
NORTH CAROLINA 

.0207 IMPORTATION REQUIREMENTS: SWINE 

(a) All swine imported into the state, except by special 
permit or for immediate slaughter, shall be accompanied by an 
official health certificate issued by a state, federal, or 
accredited veterinarian stating that they are free from any signs 
of an infectious or communicable disease and are not known 
to have been exposed to same. The health certificate shall 
contain the ear tag number of each animal or other 
identification acceptable to the State Veterinarian. Swine 
imported for feeding or breeding purposes shall be moved in 
clean and disinfected trucks or other conveyances. 

(b) Breeding swine and ajj other swine being shipped to a 
hreedin;: swine premise shall originate from a "Validated 
Brucellosis-Free" herd or a "Validated Brucellosis-Free" State 
and shall originate from a "Qualified Pseudorabies-Negative" 
herd, Qualified-Negative Gene-Altered Vaccinated Herd 
(QNV) or Pseudorabies Stage IV or V (Free) State. Breedinti 
swine and aU other swine being shipped to a breeding swine 
premi se originating from Stage H, II/IIl or III areas or states 
must also be isolated and test negati\'e to a statistical 95/5 
sample test using an approved pseudorabies serological test 



between 30 and 60 days after arrival and before being added to 

the herd. 
(c) All feeder swine imported into the state shall be 

accompanied by an official health certificate issued by a state, 

federal or accredited veterinarian stating w showing that: 

( 1 ) No pseudo r a b ies vac cine has been used in t he he r d 
of — origin, — unless — the — herd — rs — a — pseudorabies 
monitor e d vaccinated herd: and A permit lor entry 
was obtained within 30 days pricir to entry for feeder 
pigs that originate from a Stage If II/III. Ill slate or 
area and that they shall be quarantined until 
slaughtered: or 
The swine were tested and found negative — for 



t4) 

ill 



pseudorabies withi n 30 days p r io r to importation: or 

(2) The swine originated from a pseudorabies-free 
area as determined by the State Veterinarian; or 

(3) The swine originated from a Qualified 
Pseudorabies Negative Herd; or 

(4) The swine originated from a monitored feeder 
pig her d, herd; or 

Swine from Stage 11, II/III, III areas or states 
originated from a Qualified Negative herd or a 
pseudorabies monitored herd or tested negathe on a 
statistical (95/10) test v.ithin 30 days prior to 
shipment. 

(d) Healthy swine for feeding purposes may move directly 



128 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



from a farm of origin in a contiguous state on whicin they have 
been located for not less than 30 days to a livestock market or 
stockyard in North Carolina that has been state-federal 
approved for handling feeder swine, without the health 
certificate required herein, provided such swine are 
accompanied by proof of the pseudorabies status of the herd of 
origin acceptable to the State Veterinarian. Such swine shall 
be inspected by a state or federal inspector or approved 
accredited veterinarian prior to sale at the inarkel. 

(e) Healthy swine may be shipped into the state for 
immediate slaughter without a health certificate provided they 
go directly to a slaughtering establishment approved by the 
State Veterinarian, or to a state-federal approved livestock 
market or stockyard for sale to an approved slaughtering 
establishment for immediate slaughter only. 

(f) Sporting swine: 

( 1 ) For purposes of this Rule: 

(A) "Sporting swine" means any domestic or feral 
swine intended for hunting purposes and 
includes the progeny of these swine whether 
or not the progeny are intended for hunting 
purposes; 

(B) "Feral swine" means any swine that have 
lived any part of its life free roaming. 

(2) No person shall import sporting swine into North 
Carolina unless: 

(A) The swine have not been fed garbage within 
their lifetime: and the herd of origin is 
validated brucellosis free and qualified 
pseudorabies negative; and 

(B) The swine have not been members of a herd 
of swine known to be infected with 
brucellosis or pseudorabies within the 
previous 12 months; and 

(C) The individual animals six months of age or 
over have a negative brucellosis and 
pseudorabies test within 30 days of 
movement; and 

(D) The swine have not been a part of a feral 
swine population or been exposed to swine 
captured from a feral swine population within 
the previous 12 months; and 

(E) The swine are accompanied by an official 
health certificate or certificate of veterinary 
inspection identif) ing each animal by ear tag, 
breed, age. sex, the state of origin, and 
certifying that the swine meet the import 
requirements of North Carolina. 

Note: Violation of this Rule is a misdemeanor under G.S. 
106-307.6. which provides for a five hundred dollar ($500.00) 
fine, six months' imprisonment, or both. 

Aiirlwrin G.S. I06-MI7.5: 106-3 16. 1: 106-317: 106-318. 

SECTION .0300 - BRUCELLOSIS REGULATIONS 



.0302 BRUCELLOSIS REQUIREMENTS FOR 
SALE OF CATTLE AND SWINE 

(a) All cattle offered for public sale must test negative for 
brucellosis within 30 days preceding the date of sale except 
those cattle listed as follows: 

( 1 ) cattle sold for immediate slaughter; 

(2) native heifers and bulls less than 18 months of age; 

(3) steers and spayed heifers; 

(4) officially brucellosis vaccinated heifers of the dairy 
breeds under 20 months of age (provided that all 
officially brucellosis vaccinated heifers of any breed 
that are parturient or post parturient must be tested 
and negative for brucellosis); 

(5) officially brucellosis vaccinated heifers of the beef 
breeds under 24 months of age (provided that all 
officially brucellosis vaccinated heifers of any breed 
that are parturient or post parturient must be tested 
and negative for brucellosis); 

(6) cattle originating directly from a certified 
brucellosis-free herd; herd or state; or 

(7) heifers under 12 months of age purchased for 
feeding purposes; at the discretion of the State 
Veterinarian, buyers of feeder heifers under 12 
months of age may be required, before they remove 
such cattle from place of purchase, to sign a 
statement of intent to feed those cattle not tested for 
brucellosis in isolation from breeding animals. 
Willful failure of a buyer of such cattle to sign a 
statement of intent when requested by the State 
Veterinarian or his authorized representative or 
willful failure to comply with such a signed 
statement of intent is a violation of this Section. 

(b) All swine sold or offered for sale for breeding purposes 
must originate directly from a validated brucellosis-free herd 
unless they originate from a state classified as 
swine-brucellosis free. 

(c) Sporting swine: 

( 1 ) For the purpose of this Rule: 

(A) "Sporting swine" means any domestic or feral 
swine intended for hunting purposes and 
includes the progeny of these swine whether 
or not the progeny are intended for hunting 
purposes; 

(B) "Feral swine" means any swine that ha\e 
lived any part of its life free roaming. 

(2) All sporting swine sold or offered for sale must 
originate directly from a validated brucellosis-free 
herd. 

Authorin- G.S. 106-389: 106-396. 

SUBCHAPTER 52E - MARKETING OF LIVESTOCK 

SECTION .0200 - PUBLIC LIVESTOCK MARKET 
REGULATIONS 



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129 



PROPOSED RULES 



.0209 CERTIFICATES: CATTLE AND SWINE 
REMOVED FOR NON-SLAUGHTER 

(a) No cattle except those lor immediate slaughter shall be 
removed from a public livestock market unless they are 
accompanied by a certificate issued by an approved 
veterinarian or an employee of the veterinary division of the 
North Carolina Department of Agriculture or Animal and 
Plant Health Inspection Service. Veterinary Services. United 
States Department of Agriculture. The certificate shall show 
that such animals are apparently healthy and come directly 
from a certified brucellosis-free herd or state or that eligible 
cattle listed have passed an approved test for brucellosis within 
30 days prior to sale. (Steers, spayed heifers, and native cattle 
under 18 months of age are exempt from this requirement.) 
Every animal shall be identified by an approved numbered ear 
tag or tattoo or by other means approved by the State 
Veterinarian. No brucellosis test will be required on official 
brucellosis vaccinates less than 20 months of age of the dairy 
breeds and less than 24 months of age of the beef breeds, 
provided that all parturient or post parturient cattle regardless 
of age shall be tested for brucellosis. Official calfhood 
vaccinates must be identified by ear tag, tattoo and/or official 
vaccination certificate. At the discretion of the Commissioner 
of Agriculture, the required test age for cattle may be raised to 
two years. 

(b) Swine. No swine except those for immediate slaughter 
shall be removed from any public livestock market unless they 
are accompanied by a certificate issued by an approved 
veterinarian or employee of the veterinary division. North 
Carolina Department of Agriculture or Animal and Plant 
Health Inspection Service, Veterinary Services, United States 
Department of Agriculture. The certificate shall show that 
swine covered by the certificate are apparently healthy and 
come directly from a validated brucellosis-free herd. Each 
animal shall be identified with an official ear tag. tattoo or 
other methods approved by the State Veterinarian. 

(c) Record Kept. A copy of all health certificates issued on 
cattle and swine sold in a public livestock market shall be kept 
on file as a part of the livestock market records i\n at least one 
year. 

(d) Exemptions. The Commissioner of Agriculture 
exempts from the requirement for official health certificates all 
breed sponsored sales, quality feeder pig sales where animals 
are not sold for movement to other states, and those sponsored 
wholly or in part by an agency of state government. 

Aiithorin G.S. 106-416^ 



15. 1999. 

Proposed Effective Date: August 1. 2000 

A Public Hearing will he conducted at 10:00 a.m. on 
October 4. 1999 at the Council Buildmg, Rootn 201, 701 
Barbour Drive. Raleigh. NC. 

Reason for Proposed Action: To cuiopt permanent rules to 
replace the temporaiy version of the rides for the 1999 State 
Medical Facilities Plan. 

Comment Procedures: Anyone wishing to comment on these 
proposed rules should contact Jackie Sheppard. APA 
Coordinator. Division of Facility Sen'ices. 701 Barbour 
Drive. Raleigh. NC 27603. (9191 733-2342. Comments must 
he received no later than October 4. 1999. 

Fiscal Note: Rules 10 NCAC 3R .6208 - .6212, .6220 - .6222. 
.6224. .6226. .6228 - .6229. .6233 - .6234 affect the 
expenditure or distribution of local government and State 
funds subject to the Executive Budget Act. Article 1 of Chapter 
143. These Rules do have a substantial economic impact of at 
least five million dollars ($5,000,000) in a 12-month period. 

Fiscal Note: Rules 10 NCAC 3R .6201 - .6207. .6213 - .6219. 
.6223. .6225. .6227. .6230 - .6232. .6235 - .6241 do not affect 
the expenditures or revenues of state or local govenunent 
funds. These Rules do not have a substantial economic impact 
of at least five million dollars ($5,000,000) in a 12-month 
period. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3R - CERTIFICATE OF NEED 
REGULATIONS 

SECTION .6200 - PLANNING POLICIES AND NEED 
DETERMINATIONS FOR 1999 

.6201 APPLICABILITY OF RULES RELATED TO 
THE 1999 STATE MEDICAL FACILITIES 
PLAN 

Rules .6201 through .6205 and .6207 through .6241 of this 
Section applv to certificate of need applications for which the 
scheduled re\iew period begins during calendar year 1999. In 
addition. Rule .6206 of thus Section will be used U) implement 
procedures described within it during calendar year 1999. 



TITLE 10 - DEPARTMENT OF HEALTH 
AND HUMAN SERVICES 

Notice i.\ hereby given in accordance with G.S. I50B-21.2 
that the Division of Facility Sen-ices intends to adopt 
rules cited as 10 NCAC 3R .6201 - .6241. Notice of Rule- 
making Proceedings was published in the Register on .lanuary 



Authorities. I3IE-I76(25): 13IE-I77(n: I3IE-I83(b). 

.6202 CERTIFICATE OF NEED REVIEW 
CATEGORIES 

The agency has established ten categories of facilities and 
services for certificate of need resieu' and will determine the 
appropriate rcMcu category or categories for all applicaticins 



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14:3 



PROPOSED RULES 



suhmilted pursuant lo K) NCAC 3R .0304. For proposals 
which include more than one category, the agency may require 
the applicant to submit separate applications. If it is not 
practical to submit separate applications, the agency will 
detennine in which category the application will be reyiewed. 
The reyiew of an application for a certificate of need will 
commence in the next reyiew schedule after the application 
has been determined to be complete. The 10 categories of 
facilities and seryices arc: 

( 1 ) Category A. Proposals submitted by acute care 
hospitals, except those proposals included iji 
Categories B through H and Category J^ including 
but not limited to the following types of projects: 
renoN'ation. construction, equipment, and acute care 
services. 

(2) Category B^ Proposals for nursing care beds; new 
continuing care facilities applying for exemption 
under K) NCAC 3R .6234: and relocations ij_ 
nursing care beds under 10 NCAC 3R .6236. 

(3) Category C. Proposals for new psychiatric 
facilities; psychiatric beds in existing health care 
facilities; new intermediate care facilities for the 
mentally retarded (ICF/MR) and ICF/MR beds m 
existing health care facilities; new substance abuse 
and chemical dependency treatment facilities; 
substance abuse and chemical dependency treatment 
beds in existing health care facilities. 

(4) Category D. Proposals for new dialysis stations m 
response to the "county need" or "facility need" 
methodologies; and relocations of existing dialysis 
stations to another county. 

(5) Category E. Proposals for new or expanded 
inpatient rehabilitation facilities and inpatient 
rehabilitation beds in (Hher health care facilities: and 
new or expanded ambulatory surgical facilities 
except those proposals included [n Category H. 

(6) Category F. Proposals for new home health 
agencies or offices, new hospices, new hospice 



inpatient facility beds, and new hospice residential 
care facility beds. 

(7) Category G. Proposals for conversion of hospital 
beds to nursing care under 10 NCAC 3R .6233. 

(8) Category H. Proposals for bone marrow 
transplantation seryices. burn intensive care 
services, neonatal intensive care services, open heart 
surgery services, solid organ transplantation 
services, air ambulance equipment, heart-lung 
bypass machines, gamma knives, lithotriptors. 
magnetic resonance imaging scanners, positron 
emission tomography scanners, major medical 
equipment as defined in G.S. I31E-I76( 14f). 
diagncistic centers as defined in G.S. 131E-176(7a). 
and oncology treatment centers as defined in G.S. 
131E-l76(ISa). 

(9) Categc)ry F Proposals involving cost oveiTuns; 
expansions of existing continuing care facilities 
which are licensed by the Department of Insurance 
at tlie date the application is filed and are applying 
under exemptions from need determinations in 10 
NCAC 3R .6222; relocations within the same 
county of existing health seryice facilities, beds or 
dialysis stations which do not involve an increase in 
the number of health service facility beds or 
stations; reallocation of beds or services; Category 
A proposals submitted by Academic Medical Center 
Teaching Hospitals designated prior to January J_, 
1990; proposals submitted pursuant to 10 NCAC 3R 
.6230(c) by Academic Medical Center Teaching 
Hospitals designated prior to January J_, 1990; and 
any other propc>sal jtoI included in Categories A 
through H and Categc^ry J. 

( 10) Category' J. Proposals for demonstration projects, 
cardiac angioplasty equipment, and cardiac 
catheterization equipment. 

Aiahontx G.S. I3]E-176(25): I31E-177(]}: l?IE-183(h). 



.6203 CERTIFICATE OF NEED REVIEW SCHEDULE 

The agency has established the following review schedules for certificate of need applications. 
( 1 ) Inpatient Rehabilitation Beds (in accordance with the need determination in 10 NCAC 3R .6208) 







CON Beginning 


Health Service 


Area(HSA) 


Re\iew Dale 


I 




August 1. 1999 


n 




August 1. 1999 


V 




September 1. 1999 


Yl 




September 1. 1999 



(2) Ambulatory Surgical Facilities (in accordance with the need determination in 10 NCAC 3R .6209) 



14:3 



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131 



PROPOSED RULES 



Ambulatory Sur^crv 
Service Area 


CON Beeinnina 
Review Date 


9 (Brunswick, Columbus, Duplin, New Hanover, Pender) 


September 1. 1999 



(3) Open Heart Suraery Services (in accordance with the need determination in 10 NCAC 3R .6210) 



Hi)spilal 


CON Beeinninii 
Review Date 


Hospitals without open heart suraerv services which acquired 


April I. 1999 


heart-luna bypass machines before March 18, 1993 



(4) Heart-Luuij Bypass Machines (in accordance with the need determination in 10 NCAC 3R .6211) 



Hospital 
Service System 


CON Besinnino 
Review Date 


Cumberland Counts 


March 1. 1999 



(5) Fixed Cardiac Catheterization Equipment (in accordance with the need determination in 10 NCAC 3R .6212) 



Hospital 


CON Besinnins 


Service Svstem 


Review Date 


Wake County 


May 1, 1999 


Mecklenhura County 


February 1. 1999 


Forsyth County 


February 1, 1999 


Moore County 


July 1, 1999 


New Hanover County 


July 1, 1999 


Pitt County 


July 1. 1999 


Catawba County 


October 1. 1999 


Buncombe Count\ 


October 1, 1999 


Guilford County - Greensboro Area Only 


October 1, 1999 


Durham County 


November 1, 1999 


Orange County 


November 1. 1999 



(6) Radiation Oncology Treatment Centers (in accordance with the need determination in 10 NCAC 3R .6220) 



Radiation Oncology Treatment 
Center Service Area 


CON Beginning 
Review Date 


6 (Cleveland, Gaston. Lincoln, Rutherford) 


April 1, 1999 
October 1. 1999 


7 (.'\nson, Mecklenburg. Untion) 



(7) Magnetic Resonance Imaging Scanners (in accordance with the need determination in 10 NCAC 3R .622 1 ) 



132 



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PROPOSED RULES 



Magnetic Resonance Imasiinu 
Scanners Service Area 


CON Beginning 
Re\ iew Date 


3 
7 

24 


(Alexander, Burke. Caldwell. Calawba. Lincoln) 


October 1. 1949 


(Henderson, Polk. Transvlvania) 

(Davidson. Guildford. Randolph, Rockingham) 

(Cumberland. Hoke. Moore. Robeson. Sampson) 


April 1, 1999 
October 1, 1999 
September 1 . 1 999 


(Beaufort. Bertie. Hvde. Greene. Martin. Pitt. Washington) 


March 1, 1999 


(Edgecombe, Halifax, Nash, Northampton) 


September 1, 1999 



(8) Nursing Care Beds (in accordance with the need determination in 10 NCAC 3R 6222 





CON Beginning 


Countv 


Review Dale 


Ashe 


April 1. 1999 


Catawba 


April 1. 1999 


Henderson 


October 1. 1999 


McDowell 


December 1, 1999 


Caswell 


June 1. 1999 


Davie 


August 1. 1999 


Guilford 


June 1. 1999 


Randolph 


December 1. 1999 


Mecklenburg 


August 1, 1999 


Person 


March 1, 1999 


Wake 


September 1, 1999 


Columbus 


September 1. 1999 


Pender 


March 1 . 1 999 


Sampson 


March 1. 1999 


Carteret 


September 1. 1999 


Perquimans 


March 1. 1999 



(9) Chemical Dependencv (Substance Abuse) Beds (in accordance with the need determir ation in 10 NCAC 3R .6228 
(a) Adult Treatment Beds 



Mental Health 
Planning Region 


CON Beginnmg 
Review Date 


Eastern Region 


December 1, 1999 



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133 



PROPOSED RULES 



(b) Adult Detox-Only Beds 



Mental Health Planning Areas 



CON Beginning 
Review Date 



1 (Cherokee. Clay. Graham. HavwcH)d. Jackson. Macon. Swain) 

4 (Henderson. Transylyania) 

5 (Alexander. Burke, Caldwell. McDowell) 

6 (Rutherford. Polk) 

1 1 (Rowan. Stanly. Cabarrus. Union) 

14 (Rockinghain) 

16 (Alamance. Caswell) 

17 (Orange. Person. Chatham) 

19 (Vance. Granville. Franklin. Warren) 

20 (Davidson) 

22 (Bladen. Columbus. Robeson. Scotland) 

25 (Johnston) 

26 (Wake) 

30 (Wayne) 

31 (Wilson. Greene) 

32 (Edgecombe. Nash) 

33 (Halifax) 

34 (Carteret. Craven. Jones. Pamlico) 

35 (Lenoir) 

37 (Bertie. Gates. Hertford. Northampton) 

38 (Beaufort. Hvde. Martm. Tyrrell. Washington) 

39 (Camden. Chowan. Currituck. Dare. Pasquotank. Perquimans) 

40 (Duplin. Sampson) 



May 


, 1999 


May 


^1999 


May 


. 1999 


May 


^ 1999 


May 


, 1999 


May 


^ 1999 


May 


^ 1999 


May 


. 1999 


May 


. 1999 


Ma\' 


. 1999 


May 


. 1999 


May 


^1999 


May 


. 1999 


May 


. 1999 


May 


, 1999 


May 


^ 1999 


Ma> 


_, 1999 


May 


^ 1999 


May 


^ 1999 


May 


, 1999 


May 


. 1999 


May 


. 1999 


May 


. 1999 



( 10) Intermediate Care Facility Beds for Mentally Retarded (in accordance with need determinations in 10 NCAC 3R .6229) 





CON Beginning 


Mental Health Planning .\rea 


Rc\icv. Date 


8 (Gaston. Lincoln) 


May 1, 1999 


29 (Onslow) 


May 1. 1999 



(II) Applications for certificates of need will he re\'icwed pursuant to the following review schedule, unless another 
schedule has been specified m Items ( I ) through (9) oi this Rule. 



134 



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PROPOSED RULES 



CON Bejjinnine 


HSA 




HSA 


Rc\ iew Date 


LILUI 




IV^V^VI 


January 1 


11 




— 


February ! 


A,E,G,LJ 




G 


March 1 


— 




A,B,E,iLI 


April i 


B^LiLl 




— 


May 1 


c 




C.LLJ 


June i 


A,B,D,I 




jD 


July 1 


— 




A,Li 


Auaust 1 


B.E,I 




— 


September 1 


— 




B.E,iiI 


October 1 


A,B,F,ILLJ 


H (Oncoloey 


Center / Linear Accelerator On! y ) 


November I 


— 




A^LLl 


December 1 


B^CLHI 




C.D,I 



Authority- G.S. 131E-176(25>: 13IE-177(1>: 13JE-J83(b). 

.6204 MULTI-COUNTY GROUPINGS 

(a) Health Service Areas. The a'jency has assigned the counties of the state to the following health service areas for the 
purpose of scheduling applications for certificates of need: 



14:3 



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135 



PROPOSED RULES 



HEALTH SERVICE AREAS (HSA) 



1 


n 


UI 


lY 


V 


YI 


County 


County 


County 


County 


County 


County 


Alexander 


Alamance 


Cabarrus 


Chatham 


Anson 


Beaufort 


Alleghany 


Caswell 


Gaston 


Durham 


Bladen 


Bertie 


Ashe 


Davidson 


Iredell 


Franklin 


Brunswick 


Camden 


Avery 


Davie 


Lincoln 


Granville 


Columbus 


Carteret 


Buncombe 


Forsyth 


Mecklenburg 


Johnston 


Cumberland 


Chowan 


Burke 


Guilford 


Rowan 


Lee 


Harnett 


Craven 


Caldwell 


Randolph 


Stanly 


Orange 


Hoke 


Currituck 


Catawba 


Rockingham 


Union 


Person 


Montgomery 


Dare 


Cherokee 


Stokes 




Vance 


Moore 


Duplin 


Clay 


Surry 




Wake 


New Hanover 


Edgecombe 


Cleveland 


Yadkin 




Warren 


Pender 


Gates 


Graham 








Richmond 


Greene 


Haywood 








Robeson 


Halifax 


Henderson 








Sampson 


Hertford 


Jackson 








Scotland 


Hyde 


McDowell 










Jones 


Macon 










Lenoir 


Madison 










Martin 


Mitchell 










Nash 


Polk 










Northampton 


Rutherford 










Onslow 


Swain 










Pamlico 


Transyhania 










Pasquotank 


Watausa 










Perquimans 


Wilkes 










Pitt 


\'ancev 










Tyrrell 
Washington 
Wayne 
Wilson 



(b) Mental Health Planning Areas. The agency has assigned the counties of the state to the following Mental Health Planning 
Areas for purposes of the State Medical Facilities Plan: 

MENTAL HEALTH PLANNING AREAS 



Area Number 


Constituent Counties 


i 
2 




Cherokee, Clav, Graham. Haywood. Jackson. Macon. Swain 


Buncombe. Madison. Mitchell, Yancey 


3 




Alleghany. Ashe, Avery, Watauga. Wilkes 


4 




Henderson, Transylvania 


5 




Alexander, Burke. Caldwell, McDowell 


6 




Rutherlord, Po\k 


7 




Cleveland 


8 




Gaston. Lincoln 


9 




Catawba 


ill 




Mecklenburg 


ii 




Cabarrus, Rowan, Stanlv. Union 


12 




Surrv. Yadkin. Iredell 



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NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 











13 Forsvlh, Stokes, Da\ie 






14 Rockini!hani 






13 Guilford 






16 Alamance. Caswell 






17 Orange. Person, Chatham 






1 8 Durham 






19 Vance, Granville, Franklin, Warren 






20 Davidson 






2 1 Anson, Hoke, Montnomerv. Moore. Richmond 






22 Bladen, Columhus. Roheson, Scotland 






23 Cumberland 






24 Lee. Harnett 






25 Johnston 






26 Wake 






27 Randolph 






28 Brunswick. New Hanover. Pender 






29 Onslow 






30 Wavne 






31 Wilson. Greene 






32 Edaecombe, Nash 






33 Halifax 






34 Carteret. Craven. Jones. Pamlico 






35 Lenoir 






36 Pitt 






37 Bertie, Gates. Hertford, Northampton 






38 Beautort, Hyde. Martin, Tvrrcll, Washington 






39 Camden, Chowan, Currituck, Dare, Pasquotank, Perquimans 






40 Duplin, Sampson 




(c 


) Mental Health Planning Regions. The anencv has assigned the counties of the state to 


the following Mental Health 


Planning: Regions for Durooscs of the State Medical Facilities Plan: 


stituent Counties) 




MENTAL HEALTH PLANNING REGIONS (Area Number and Con 








Western (W) 






1 Cherokee. Clav. Graham. Haywood, Jackson, Macon, Swam 






2 Buncombe. Madison. Mitchell. Yancey 






3 Alleghany. Ashe. A\ery. Watauga. Wilkes 






4 Henderson. Transylvania 






5 Alexander. Burke. Caldwell, McDowell 






6 Rutherford. Polk 






7 Cle\eland 






8 Gaston. Lincoln 






9 Catawba 






10 Mecklenbura 






1 1 Cabarrus. Rowan. Stanly. Union 






North Central (NC) 






12 Surry. Yadkin. Iredell 






1 3 Forsyth, Stokes. Davie 






14 Rockiniiham 






15 Guilford 






16 Alamance. Caswell 





14:3 



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137 



PROPOSED RULES 



17 


Orantie. Person, Chatham 


18 


Durham 


19 


Vance. Granville, Franklin, Warren 


South Central (SO 


20 


Davidson 


2i 

22 


Anson, Hoke, Montgomerv, Moore, Richmond 


Bladen, Columbus, Robeson, Scotland 


23 


Cumberland 


24 


Lee, Harnett 


25 


Johnston 


26 


Wake 


27 


Randolph 


Eastern 


iEi 


28 


Brunswick. New Hanover. Pender 


29 


Onslow 


30 


Wavne 


31 


Wilson, Greene 


32 


Edsecombe. Nash 


33 


Halifax 


34 


Carteret, Cra\en. Jones, Pamlico 


35 


Lenoir 


36 


Pitt 


37 


Bertie, Gates, Hertford. Northampton 


38 
39 


Beaufort. Hvde. Martin. Tvrrell. Washinsiton 


Camden. Chowan. Currituck. Dare. Pasquotank. Perquimans 


40 


Duphn. Sampson 



(d) Radiation Oncoloev Treatment Center Plannint; Areas. The aiienc\ has assigned the counties of the state to the following 
Radiation Oncology Treatment Center Planning Areas for purposes of the State Medical Facilities Plan: 

RADIATION ONCOLOGY TREATMENT CENTER PLANNING AREAS 



Area Number Constituent Counties 



1 Cherokee. Cla\ . Graham. Jackson. Macon. Swain 

2 BunccKTibe. Haywood. Madison, McDowell, Mitchell. Yancey 

3 Alleghany. Ashe, A\ery, Watauga 

4 Henderson, Polk, Transylvania 

5 Alexander. Burke. Caldwell. Catawba 

6 Rutherford. Cleveland. Gaston. Lmcoln 

7 Mecklenburg. Anson, Union 

8 Iredell, Rov\an 

9 Cabarrus, Stanly 

10 Forsyth, Davidson, Davie, Stokes, Surry, Wilkes, Yadkin 

I I Guilford, Randolph. Rockingham 

12 Alamance, Chatham, Orange 

13 Durham. Caswell, Granxille. Person. Vance. Warren 

14 Moore, Hoke, Lee, M^lntgomer\ , Richmond 

15 Cumberland. Bladen. Sampson 

16 Rtibeson. Scotland 

17 Wake. Franklin. Harnett. J(>hnston 



138 



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14:3 



PROPOSED RULES 



12 
20 

21 

22 
23 
24 



New Hanover. Brunswick. Columbus. Pender 

Wayne j 

Nash. Halifax. Wilson ! 

Craven. Carteret. Onslow. Jones. Pamlico 

Lenoir. Duplin 

Pitt. Beaufort. Bertie. Edgecombe. Greene. Hertford. Hyde. Martin. Northam >ton. Washington 

Pasquotank. Camden. Chowan. Currituck. Dare. Gates. Perquimans, Tyrrell 



(e) Ambulatory Surgical Facility Planning Areas. The agency has assigned the countie s of the state to the following 
Ambulatory Surgical Facility Planning Areas for purposes of the State Medical Facilities Plan: 

AMBULATORY SURGICAL FACILITY PLANNING AREA S 



Area Constituent Counties 



1 Alamance 

2 Alexander. Iredell 

3 Alleghany. Surry. Wilkes 

4 Anson. Gaston. Mecklenburg. Union 

5 Ashe. Avery. Watauga 

6 Beaufort. Hyde 

7 Bertie. Gates. Hertford 

8 Bladen. Cumberland. Robeson. Sampson 

9 Brunswick. Columbus. Duplin. New Hanover. Pender 
10 Buncombe. Haywood. Madison. Mitchell. Yancey 

ii Burke. McDowell. Rutherford 

12 Cabarrus. Rowan. Stanly 

13 Caldwell. Catawba. Lincoln 

14 Camden. Currituck. Dare. Pasquotank. Perquimans 

15 Carteret. Craven. Jones. Onslow. Pamlico 

16 Caswell. Chatham. Orange 

17 Cherokee. Clay. Graham. Jackson. Macon. Swain 

18 Chowan. Tvrrell, Washington 

19 Cleveland 

20 Davidson. Davie. Forsyth. Stokes. Yadkin 

21 Durham. Granville. Person 

22 Edgecoinbe. Halifax. Nash. Northampton 

23 Franklin. Harnett. Johnston, Wake 

24 Greene. Lenoir. Martin, Pitt 

25 Guilford. Randolph. Rockingham 

26 Henderson. Polk. Transylvania 

27 Hoke. Lee. Montgomery, Moore, Richmond, Scotland 

28 Vance. Warren 

29 Wayne 

30 Wilson 



iO Magnetic Resonance Imaging (MRI) Planning Areas. The agency has assigned the coui ties of the state to the following 
Magnetic Resonance Imaging Planning Areas for purposes of the State Medical Facilities Plan: 

MAGNETIC RESONANCE IMAGING PLANNING AREAS 



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139 



PROPOSED RULES 



Area Number Constituenl Counties 



1 Cherokee. Clay. Graham. Jackson. Macon, Swain 

2 Haywood 

3 Buncombe. Madison, McDowell, Mitchell, Yancey 

4 Ashe, Avery, Watautia 

5 Alexander. Burke. Caldwell. Catawba. Lincoln 

6 Cleveland. Rutherlord 

7 Henderson. Polk. Transylvania 

8 Gaston 

9 Cabarrus. Montgomery. Rowan. Stanly 
R) Iredell 

1 1 Alleghany. Davie. Forsyth. Stokes. Surry. Wilkes. Yadkin 

12 Alamance 

13 Durham. Caswell. Granville. Person. Vance. Warren 

14 Chatham. Orange 

15 Davidson. Guilford. Randolph. Rockingham 

16 Richmond. Scotland 

17 Anson. Mecklenburg. Union 

18 Cumberland. Hoke. Moore. Robeson. Sampson 

19 Franklin. Harnett. Jcihnston. Lee. Wake 

20 Lenoir, Wavne, Wilson 

21 Bladen, Brunswick. Columbus. Duplm. New Hanover. Pender 

22 Carteret. Craven. Jones. Onslow. Pamlico 

23 Beaufort, Bertie. Greene, Hyde, Martin, Pitt. Washington 

24 Edgecombe. Halifax. Nash. Northampton 

25 Camden, Chowan. Currituck. Dare. Gates. Hertford. Pasquotank. Perquimans. Tvnel 



Authorises. I3IE-I76{25k J3JE-]77(I): ISJE-JSMD- 



.6205 SERVICE AREAS AND PLANNING AREAS 

(a) An acute care bed's service area is the acute care bed 
planning area in which the bed is located. The acute care bed 
planning areas are the hospital service systems which arc 
defined as follows: 

( 1 ) a group of hospitals located [n the same city, or 
within 10 miles oi' each other, or in the same county 
d' one or more hospitals in the county are under 
common ownership; or 

(2) a single hospital thai is not included in one of the 
groups ot' hospitals described m Subparagraph (1) ot' 
this Paragraph. 

(b) A rehabilitation bed's service area is the rehabilitation 
bed plannin^ri area in which the bed is located. The 
rehabilitation bed planning areas are the health ser\'ice areas 
which are defined in 10 NCAC 3R .6204(a). 

(c) An ambulatory surgical facility's service area is the 
ambulatory surgical facility planning area in which the facility 
is located. The ambulatory surgical facility planning areas are 
the multi-c(>unty groupings as defined m ]0 NCAC 3R 
.6204(e). 

(d) A radiation oncology treatment center's and linear 
accelerator's sersice area is the radiation oncology treatment 
center and linear accelerator planning area \_n uhich the lacilit\ 



is located. The radiation oncology treatment center and linear 
accelarator planning areas are the multi-countv groupings as 
defined in 10 NCAC 3R .6204(d). 

(e) A magnetic resonance imaging scanner's service area is 
the magnetic resonance imaging planning area in which the 
scanner is located. The magnetic resonance ima'^iing planning 
areas are the multi-county groupings as defined in JO NCAC 
3R .6204(f). 

(Jj .A nursing care bed'sservice area is the nursing care bed 
plannin g area in which the bed is located. Each ot' t]ie 100 
counties in the State is a separate nursing care bed planning 
area. 

(g) A home health agency office's service area is the home 
health agency office planning area in which the office is 
located. Each of the 100 counties in tlie State is a separate 
horne health agency office planning area. 

(h) A dialysis station's service area is ttie dialysis station 
planning area m which the dialysis station is located. Each of 
the 100 counties in the State is a separate dialysis station 
planning area. 

ijj A hospice's service area is the hospice planning area in 
which the hospice is located. Each of the 100 counties in the 
State is a separate hospice planning area. 

(JJ A hospice inpatient facility bed's service area is the 



140 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



hospice inpatient facility bed plannint; area in which the bed is 
located. Each of the 100 counties in the State [s a separate 
hospice inpatient facility bed planninii area. 

(k) A psychiatric bed's service area is tfie psychiatric bed 
planning area in which the bed is located. The psychiatric bed 
planning areas are tfie Mental Health Planning Regions which 
are defined in 10 NCAC 3R .6204(c). 

IJJ With the exception of chemical dependency (substance 
abuse) detoxification-only beds, a chemical dependency 
treatment bed's service area is tlie chemical dependency 
treatment bed planning area in which the bed is located. The 
chemical dependency (substance abuse) treatment bed 
planning areas are the Mental Health Planning Regions which 
are detlned m 10 NCAC 3R .6204(c). 

(m} A chemical dependency detoxificati(>n-only bed's 
service area is the chemical dependency dctoxification-cinly 
bed planning area in which the bed is located. The chemical 
dependency (substance abuse) detoxification-only bed 
planning areas are tfie Mental Health Planning Areas which 
are defined in 10 NCAC 3R .6204(b). 

(n) An intermediate care bed for the mentally retarded 's 
service area is tlie intermediate care bed for the menially 
retarded planning area in which the bed is located. The 
intermediate care bed for the mentally retarded planning areas 
are the Mental Health Planning Areas which are defined in 10 
NCAC 3R .6204(b). 

AuthontxG.S. 1 31 £-176(25): 131E-177([): 131E-183(1). 

.6206 REALLOCATIONS AND ADJUSTMENTS 

la] REALLOCATIONS. 
(I ) Reallocations shall be made only to tfie extent that 



need detenninalions in K) NCAC ?R .6207 through 
.6229 indicate that need exists after the inventories 
are revised and the need determinations are 
recalculated. 

(2) Beds or services which are reallocated once in 
accordance with this Rule shall not be reallocated 
again. Rather, the Medical Facilities Planning 
Section shall make any necessary changes in the 
next annual State Medical Facilities Plan. 

(3) Dialysis stations that are withdrawn, relinquished, 
not applied for, decertified, denied, appealed, or 
pending the expiration of tlie 30 day appeal period 
shall not be reallocated. Instead, any necessary 
redetermination of need shall be made in ttie next 
scheduled publication of the Semiannual Dialysis 
Report. 

(4) Appeals of Certificate of Need Decisions on 
Applicatmns. Need determinations of beds or 
services for which the CON Section decision has 
been appealed shall not be reallocated until the 
appeal is resolved. 

(A) Appeals Resolved Prior to August 17: If an 
appeal is resolved in the calendar year prior to 
August 17. the beds or services shall not be 



reallocated by the CON Section; rather the 
Medical Facilities Planning Section shall 
make the necessary changes in ifie next 
annual State Medical Facilities Plan, except 
for dialysis stations which shall be processed 
pursuant to Subparagraph ( a )( 3 ) of this Rule. 
(B) Appeals Resolved on or After August 17: If 
the appeal is resolved on or after August 1 7 in 
the calendar year, the beds or ser\ ices, except 
for dialysis stations, shall fie made available 
for a review period to be determined tv^ the 
CON Section, but beginning no earlier than 
60 days from the date that the appeal js 
resolved. Notice shall tie mailed by the 
Certificate of Need Section to aU persons on 
the mailing list for Uic State Medical 
Facilities Plan, no less than 45 days prior to 
the due date for receipt of new applications. 

(5) Withdrawals and Relinquishments. Except for 
dialysis stations, a need detennination for which a 
certificate of need is issued, but is subsequently 
withdrawn or relinquished, is available for a re\'iew 
period to bie determined by the Certificate of Need 
Section, but beginning no earlier than 60 days from: 

(A) the last dale on v\'hich an appeal of tfie notice 
of intent to withdraw the certificate could be 
filed it no appeal is filed. 

(B) the date on which an appeal of the withdrawal 
IS finally resolved against the holder, or 

(C) the dale that the Certificate of Need Section 
receives from the holder of tfie certificate of 
need notice that the cerliUcale has been 
voluntarily relinquished. 

Notice of ihe scheduled review period for the 
reallocated services or beds shall be mailed h\ the 
Certificate of Need Section to aU persons on the 
mailing iisl for llic State Medical Facilities Plan, no 
less than 45 days prior to the due date for submittal 
of the new applications. 

(6) Need Determinations for which No Applications are 
Received. 

(A) Services or Beds with Scheduled Re\iew in 
the Calendar Yciir on or Before Sepicmher U 
The Certificate of Need Section shall not 
reallocate the ser\ ices or beds in this category 
for which no applications were recened. 
because the Medical Facilities Planning 
Section will have sufficient time to make any 
necessary changes m tlie determinations of 
need for these ser\ices or beds in the next 
annual State Medical Facilities Plan, except 
for dialysis stations. 

(B) Services or Beds with Scheduled Review in 
the Calendar Year After September J^ Except 
for dialysis stations, a need determin.ition iji 
this category for which no application has 



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August 2, 1999 



141 



PROPOSED RULES 



been received by the last due date for 
submittal of applications shall be available 
to be applied for in the second Catetiory I 
review period in the next calendar year for 
the applicable HSA. Notice of the 
scheduled review period for the 
reallocated beds or services shall be 
mailed by the Certificate of Need Section 
to aU persons on the mailing list tor the 
State Medical Facilities Plan, no less than 
45 days prior to the due date for submittal 
of new applications. 

(7) Need Determinations not Awarded because 
Application Disapproved. 

(A) Disapproval in the Calendar Year prior to 
August 17: Need determinations or portions 
of such need for which applications were 
submitted but disapproved by the Certificate 
of Need Section before August 17. shall not 
be reallocated by the Certificate of Need 
Section. Instead the Medical Facilities 
Planning Section shall make the necessary 
changes in the next annual State Medical 
Facilities Plan if no appeal is filed, except for 
dialysis stations. 

(B) Disapproval in the Calendar Year on or After 
August 17: Need determinations or portions 
of such need for which applications were 
submitted but disapproved by the Certificate 
of Need Section on or after August 17. shall 
be reallocated by the Certificate of Need 
Section, except for dialysis stations. A need 
in this category shall be available for a review 
period to be determined by the Certificate of 
Need Section but beginning no earlier than 95 
days from the date the application was 
disapproved, if no appeal is filed. Notice of 
the scheduled review period for the 
reallocation shall be mailed by tlie Certificate 
of Need Section to ali persons on the mailing 
list for tlie State Medical Facilities Plan, no 
less than 80 days prior to the due date for 
submittal of tlie new applications. 

(8) Reallocation of Decertified ICF/MR Beds. If an 
ICF/MR facility's Medicaid certification is 
relinquished or revoked, the ICF/MR beds in the 
facility shall be reallocated by the Department of 
Health and Human Services. Division of Facility 
Services. Medical Facilities Planning Section 
pursuant to tfie provisions of llie following sub- 
parts. The reallocated beds shall only be used to 
convert five-bed ICF/MR facilities into six-bed 
facilities. 

(A) If tlie number of five-bed ICF/MR facilities rn 
the mental health planning region [n which 
the beds arc located equals or exceeds the 
number ol' reallocated beds, the beds shall he 



reallocated solely within the planning region 
after considering the recommendation of the 
Regional Team of' Developmental Disabilities 
Services Directors. 
(B) If the number of five-bed ICF/MR facilities in 
the mental health planning region rn which 
the beds are located is less than the number of 
reallocated beds, the Medical Facilities 
Planning Section shall reallocate the excess 
beds to other planning regions after 
considering the recommendation of the 
Developmental Disabilities Section in 



Division of Mental Health. 



the 
Developmental 
Disabilities, and Substance Abuse Services. 
The Medical Facilities Planning Section shall 
then allocate the beds among the planning 
areas within those planning regions after 
considering the recommendation of the 
appropriate Regional Teams ol' 
Developmental Disabilities Services 
Directors. 

(C) The Department of Health and Human 
Services. Division of Facility Services. 
Certificate of Need Section shall schedule 
reviews of applications for these beds 
pursuant to Subparagraph (a)(5) of tliis Rule. 
[b] CHANGES IN NEED DETERMINATIONS. 
(JJ Tfie need determinations in iQ NCAC 3R .6207 

through .6229 shall be revised continuously 

throughout the calendar year to reflect all changes in 

the inventories of: 

(A) the health services listed at G.S. I31E- 
176(16)fi 

(B) health service facilities: 

(C) health service facility beds: 

(D) dialysis stations: 

(E) the equipment listed at G.S. 131E-176(16)fl: 
and 

(F) mobile medical equipment: 

as those changes are reported to tlie Medical 
Facilities Planning Section. However, need 
determinations in 10 NCAC 3R .6207 through .6229 
shall not be reduced rf Ifie relevant inventory is 
adjusted upward 30 days or less prior to the first day 
of ijie applicable review period. 
Inventories shall be updated to refiect: 
(A) decertification of' home health agencies or 
offices, intermediate care facilities for the 
mentally retarded, and dialysis stations: 
delicensure of health service facilities and 



01 



IC] 



health service facility beds: 

demolition, destruction, or decommissioning 

of equipment as listed at G.S. 1 3 1 E- 

176(l6)fl and s: 

elimination or reduction of a health service as 

listed at G.S. 131E-I76( 16)f: 

psychiatric beds licensed pursuant to G.S. 



142 



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August 2, 1999 



14:3 



PROPOSED RULES 



1 3 IE- 184(c); 



(F) certificates of need awarded, relinquished, or 
withdrawn, subsequent to the preparation of 
the inventories in the State Medical Facilities 
Plan: and 

(G) corrections of errors in the inventory as 
reported to the Medical Facilities Planning 
Section. 

(3) Any person who is interested in applvinti for a new 
institutional health service for which a need 
determination is made in H) NCAC 3R .6207 
through .6229 may obtain information about updated 
inventories and need determinations from the 
Medical Facilities Planning Section. 

(4) Need determinations resulting from changes in 
inventory shall be available for a review period to be 
determined by the Certificate of Need Section, but 
beginning no earlier than 60 days from the date of 
the action identified in Paragraph (b) of this Rule, 
except for dialysis stations which shall be 
determined by the Medical Facilities Planning 
Section and published in the next Semiannual 
Dialysis Report. Notice of the scheduled review 



period for the need determination shall be mailed by 
the Certificate of Need Section to aU persons on the 
mailing hst for the State Medical Facilities Plan, no 
less than 45 days prior to tfie due date for submittal 
of the new applications. 

Authority G.S. 131E-176(25): I31E-177(I): 131E-183{hl 

.6207 ACUTE CARE BED NEED DETERMINATION 
(REVIEW CATEGORY A) 

It is determined that there is no need for additional acute 
care beds. 

Aiithorin G.S. I31E-I76(25): 131E-177{1}: 131E-183(b). 

.6208 REHABILITATION BED NEED 
DETERMINATION (REVIEW CATEGORY E) 

It is determined that there is a need for twenty-two 
additional rehabilitation beds in tlie HSA's as specified in this 
Rule. It is determined that there is no need for additional 
rehabilitation beds in any other HSA. 



HSA 


Rehabilitation Beds Needed 


1 


i 


n 


12 


V 


7 


YI 


T 



Aiithonn G.S. 13JE-]76(25): J3]E-J77(1): 131E-183(b). 

.6209 AMBULATORY SURGICAL FACILITIES NEED DETERMINATION (REVIEW CATEGORY E) 

It IS determined that there is a need for one additional Ambulatory Surgical Facility in the Ambulatory Surgical Planning Area 
listed in thns Rule. It is determined that there is no need for additional Ambulatory Surgical Facilities in any other ambulatory 
surgical facility planning area. 



Ambulatory Surgical Facility Planning Area 


Ambulatory Surgical 
Facilities Needed 


9 - Brunswick. Columbus. Duplin. New Hanoxer. 1 
and Pender Counties 



Authority G.S. J3JE-J76(25): J3]E-177(]): 131E-183(b). 

.6210 OPEN HEART SURGERY SERVICES NEED DETERMINATIONS (REVIEW CATEGORY H) 

It is determined that there is a need for additional open heart surgery ser\ices from any hospital which acquired a heart-lung 
bypass machine prior to March 18. 1993 and which. ne\erthcless. is unable to use such machine in tfie provision of open heart 
s urgery services because the hospital does not have a certificate of need authorizing U to provide open heart surgery services. It is 



14:3 



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143 



PROPOSED RULES 



further determined that the citizens served by. and residing in the general service areas of such hospitals have a need for such 
additional open heart surgery services. These needs exist despite the capacity to provide open heart surgery services of any other 
hospital iji ht)spitals in the State. It is determined that there is no other need for additional open heart surgery services. 

AuthorirvG.S. I3IE-176{25): 13IE-177{I}: 131E-183{b). 

.6211 HEART-LUNG BYPASS MACHINES NEED DETERMINATION (REVIEW CATEGORY H) 

It is determined that there js a need in Cumberland County for one additional heart-lun^ bypass machine. It is determined that 
there IS no need for an additional heart-lung h\pass machine in any other County. 

Aiithontx G.S. I3IE-I76i25l: 13IE-177I 1 ): 131E-183(b). 

.6212 FIXED CARDIAC CATHETERIZATION EQUIPMENT AND FIXED CARDIAC ANGIOPLASTY 
EQUIPMENT NEED DETERMINATION (REVIEW CATEGORY J) 

h [s detenr.ined that there is a need for fourteen additional fixed units of cardiac catheterization or cardiac angioplasty 
equipment in the counties listed in this Rule. It is determined that there is no need for additional fixed units of cardiac 
catheterization or cardiac angioplasty equipment in any other county. 



Counts 




F 


xed Units of Cardiac Catheterization or Cardiac 




An 


gioplastv 


Equipment Needed 


Wake 










2 


Mecklenburg 










2 


ForsMh 










2 


Mt)ore 










1 


New Hanover 










1 


Pitt 










1 


Catawba 










1 


Buncombe 










1 


Guilford - (Greensboro area only) 








1 


Durham 










1 


Orange 










i 



Ai,thont\ G.S. I3IE-I76i25): I3IE-177(I): I3IE-I83(b). 



.6213 MOBILE CARDIAC CATHETERIZATION 
EQUIPMENT AND MOBILE CARDIAC 
ANGIOPLASTY EQUIPMENT NEED 
DETERMINATION (REVIEW CATEGORY J) 

It is determined that there is no need for airv additional 



mobile cardiac catheterization equipment or any additional 
mobile cardiac angioplasty equipment. 

AurhonnG.S. ]3IE-176(25): 13IE-177iI}: J31E-183(b). 

.6214 BURN INTENSIVE CARE SERVICES NEED 
DETERMINATION (REVIEW CATEGORY H) 

It IS determined that there is no need for additional burn 
intensive care scr\ ices. 

AiithorinCS. l31E-]76(25): 131E-177( I): 131E-183(h). 

.6215 POSITRON EMISSION TOMOGRAPHY 
SCANNERS NEED DETERMINATION 
(REVIEW CATEGORY H) 

It is determined that there is no need for additional positron 



emission tomography scanners for purposes other than 
research. 

Aiithontx G.S. ]3]E-176(25): ]3IE-I77(]): ]3IE-J83(bl. 

.6216 BONE MARROW TRANSPLANTATION 
SERVICES NEED DETERMINATION 
(REVIEW CATEGORY H) 

It is determined that there is no need for additional 
allogeneic or autologous bone marrou transplantation 
services. 

Aiithontx G.S I3IE-I76(25): 131E-177(n: I3IE-183(b). 

.6217 SOLID ORGAN TRANSPLANTATION 
SERVICES NEED DETERMINATION 
(REVIEW CATEGORY H) 

It is determined that there is no need for new solid organ 
transplant services. 

Aiithontx G.S. 131E-176(25): 13IE-I77(ll: 131E-I83(h). 



144 



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August 2. 1999 



14:3 



PROPOSED RULES 



.6218 GAMMA KNIFE NEED DETERMINATION 
(REVIEW CATEGORY H) 

It IS determined that there js no need lor an additional 
tiamma i^^nife. ' 

1 

Authority G.S. 1 31E-176(25l: L^IE-177( I }; L^IE-lSMhl \ 

.6219 LITHOTRIPTER NEED DETERMINATION ! 

(REVIEW CATEGORY H) ! 

It is detennined that there js no need for additional I 
lithotripters. 

Authorit^■ G.S. 131E-176(25): 13IE-177iI): 131E-18Mh). \ 

.6220 RADIATION ONCOLOGY TREATMENT CENTERS NEED DETERMINAT [ON (REVIEW CATEGORY 
H) 

It is determined that there is a need tor one additional Radiation Oncology Treatment Center y i each of the t'ollowinj; Radiation 
Oncology Treatment Center Service Areas. It is determined that there is no need \ov an addition il Radiation Oncology Treatment 
Center in any other service area in the State. 



Radiation Oncology Treatment Center Service Areas 


Radiation Oncology Treatiii -nt Center (Linear 


(Constituent Counties) 


Accelerator) Need Determii uion 


6 (Cleveland, Gaston. Lincoln & Rutherford) 


i 


7 (Anson. Mecklenburg & Union 


1 



AuthormG.S. 13IE-176(25): IME-177in: l3IE-I8Mbl i 

.6221 MAGNETIC RESONANCE IMAGING SCANNERS NEED DETERMINATIO' i (REVIEW CATEGORY H) 

It is detennined that there is a need for seven additional fixed Magnetic Rescinance Imaging (MRI) scanners in the following 
MRl Scanners Service Areas. It is determined that there is no need for an additional fixed MRI scanner m any other service area 
in the State. 



MRI Scanners Service Areas 
(Constituent Counties) 


MRI Scanner'- 
Necd Dcternii lalion 


5 (Alexander, Burke, Caldwell. Catawba & Lincoln) 




i ■ 
1 

1 

i ,' 
2 ' 
1 , 
i 


7 (Henderson, Polk & Transylvania) 

15 (Davidson, Guildford, Randolph & Rockingham) 


18 (Cumberland. Hoke. Moore, Robeson & Sampson) 


23 (Beaufort, Bertie, Hyde, Greene, Martin, Pitt & Washington) 


24 (Edgecombe. Halifax. Nash & Northampton 



Authoritx G.S. I31E-I76(25): I3IE-I77(I): l3IE-IH.Mh). 

.6222 NURSING CARE BED NEED DETERMINATION (REVIEW CATEGORY B) 

It is determined that the counties listed m tfiis Rule need additional Nursing Care Beds as s^x "ified. It is determined that there 
is no need for additional Nursing Care Beds in any other counties. 



14:3 



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145 



PROPOSED RULES 





Number of Nursine Care 


County 


Beds Needed 


Ashe 


30 


Catawba 


90 


Henderson 


90 


McDowell 


40 


Caswell 


30 


Davie 


30 


Guilford 


90 


Randolph 


90 


Mecklenburg 


90 


Person 


30 


Wake 


150 


Columbus 


30 


Pender 


40 


Sampson 


40 


Carteret 


14 


Perquimans 


20 



Authority G.S. 1 31 £-176(25): 131E-]77(1): 131E-183(b). 

.6223 HOME HEALTH AGENCY OFFICE NEED 
DETERMINATION (REVIEW CATEGORY F) 

It is determined that there is no need for additional 
Medicare-certified home health agencies or offices. 

Authority G.S. 1 3 1 £-176(25): I3IE-177(1): 131£-183(h). 

.6224 DIALYSIS STATION NEED 
DETERMINATION 

(a) The Medical Facilities Planning Section (MFPS) shall 
determine need for new dialysis stations two times each 
calendar year, and shall make a report of such determinations 
available to all who request it This report shall be called the 
North Carolina Semiannual Dialysis Report (SDR). Data to be 
used for such determinations, and their sources, are as follows: 

( 1 ) Numbers ot' dialysis patients, by type, county and 
facility, from the Southeastern Kidnc\ Council. Inc. 
(SEKC) and tlie Mid-Atlantic Renal Coalition, Inc. 
as of December 3L 1998 for the March SDR and as 
of June 30, 1999 for the September SDR. 

(2) Certificate of need decisions, decisions appealed, 
appeals settled, and awards, from the Certificate of 
Need Section. DFS. 

(3) Facilities certified for participation in Medicare, 
from the Certification Section. DFS. 

(4) Need determinations for which certificate of need 
decisions have not been made, from MFPS records. 

Need determinations in this report shall be an integral part of 
the State Medical Facilities Plan, as prtnided in G.S. 1 3 1 E- 
183. 

(b) Need for new dialysis stations shall be determined as 
follows: 

( I ) County Need 

(A) The average annual rate (^f) of change [n 



total number of dialysis patients resident [n 
each county from the end of 1994 to the end 
of 1998 IS multiplied by tlie county's 1998 
year end total number of patients in the SDR. 
and the product is added to each county's 
most recent total number of patients reported 
in tlie SDR. The sum is tlie county's 
projected total 1999 patients. 

(B) The percent of each county's total patients 
who were home dialysis patients at tlie end of 

1998 is multiplied by the county's projected 
total 1999 patients, and tfie product is 
subtracted from the county's projected total 

1999 patients. The remainder is tlie county's 
projected 1999 in-center dialysis patients. 

(C) The projected number of each county's 1999 
in-center patients is divided by 3.2. The 
quotient is tlie projection ot' tfie county's 1999 
in-center dialysis stations. 

(D) From each county's projected number of 1999 
in-center stations is subtracted the county's 
number of stations certified for Medicare. 
CON-approved and awaiting certification, 
awaiting resolution of CON appeals, and the 
number represented by need determinations 
in previous State Medical Facilities Plans or 
Semiannual Dialysis Reports for which CON 
decisions have not been made. The 
remainder is tfie county's 1999 projected 
surplus or deficit. 

(E) It' a county's 1999 projected station deficit is 
ten or greater and Uie SDR shows that 
utilization of each dialysis facility m the 
county is 80% or greater, the 1999 county 



146 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



[21 



station need determination is the same as the 

1999 projected station deficit. If a county's 

1999 projected station deficit is less than ten 

or il' the utilization of any dialysis t'acihty in 

the county is less than 8()'/(. the county's 1999 

station need determination is 7-ero. 

Facility Need. A dialysis lacility located in a county 

for which the result oi" the County Need 

methodology is zero in the reference Semiannual 

Dialysis Report (SDR) is determined to need 

additional stations to the extent that: 



lAi 
(Bi 



Its utilization, reported i_n the current SDR, is 

3.2 patients per station or ereater. 

Such need, calculated as follows, is reported 

in an application for a certificate of need: 
lii The facility's number oi' in-center 
dialysis patients reported in the 
previous SDR (SDR | ) is subtracted 
from the number of in-center dialysis 
patients reported in the current SDR 
(SDR t). The difference is multiplied 
by 2 to project the net in-center change 
for 1 year. Diyide the projected net in- 
center change for ihe year by the 
number of in-center patients from 
SDR I to determine the projected 
annual growth rate. 



(ii) The quotient from Subpart (b)(2)(B)ti) 
oi this Rule is diyided by 12. 

(lii) The quotient from Subpart (h)(2)(B)(ii) 
oi this Rule is multiplied by the 
number oi months from the most 
recent month reported in the current 
SDR until ifie end of calendar 1999. 

(jy) The product from Subpart 
(b)(2)(B)(iii) oi' Ml Rule is multiplied 
by the number of tfie facility'sin-center 
patients reported in the current SDR 
and that product is added to such 
reported number of in-center patients. 

(y) The sum from Subpart (b)(2)(B)(iy) of 
this Rule is diyided by 3.2, and from 
the quotient is subtracted the facility's 
current number of certified and 
pending stations as recorded in the 
cunent SDR. TTie remainder is the 
number of stations needed. 
(C) The faeilitN ma\ apply to expand to meet the 

need established m Subpart (b)(2)(B)(v) of 

this Rule, up to a maximuin of ten stations, 
(c) The schedule for publication of the Nctrth Carolina 
Semiannual Diahsis Repc^rts (SDR) and for receipt of 
certificate of need applications based on each issue of this 
report iji 1999 shall tie as Inllows: 



Data for 
Period Ending 


Receipt of 
SEKC Repi)rt 


Publication 
of SDR 


Receipt of 

CON Applications 


Beginning 
Review Dates 


Dec. 31. 1998 
June 30, 1999 


Feb. 26, 1999 
Aug. 31, 1999 


March 19. 1999 
Sept. 20. 1999 


May 14. 1999 
Noy. \5. l'J99 


June 1, 1999 
Dec. 1. 1999 



(d) An application for a certificate oi need pursuant to this 
Rule shall be considered consisieni mih G S . l31E-lS3(a)( 1 ) 
onh iX n demonstrates a need b\ utilizing one of the methods 
of determining need outlined in this Rule. 

(el An application for a new End Stage Renal Disease 
facility shall not fic approved unless h documents the need for 
at least 10 stations based on utilization of 3^ patients per 
station per week. 

(f) Home patients will not be included in determination of 
need for new stations. 

Aitrlwrity G.S. 131E-]76(25): 13JE-177(ll: inE-183(h). 

.6225 HOSPICE NEED DETERMINATION 
(REVIEW CATEGORY F) 

It is determined that there is no need for additional 
Hospices. 

Authority G.S. 1 3 1 E-I76(25): ]3IE-I77(1): 13lE-IHMh). 



.(,11(, HOSPICE INPATIENT FACILITY BED NEED 
DETERMINATION (REVIEW CATEGORY F) 

(a) Single Counties. Single counties with a projected 
deficit of six or more beds are determined to have a bed need 
equal to the projected deficit. It is determined that there is no 
need lor additional single county hospice inpatient facility 
beds. 

(b) Contiguous Counties. It is determined that any 
combinaticm of tvyo oi more contiguous c^)unties taken from 
the f(>llo\ving list shall have a need for new hospice inpatient 
facility beds H the combined bed deficit for ifie grouping of 
contiguous counties totals six or more beds. Each county in a 
grctuping oi' contiguous counties must have a deficit ot at least 
one and no more than five beds. The need for the grouping of 
contiguous counties shall f>c tfie sum of the deficits m the 
individual counties. For purposes of this Rule, "contiguous 
counties" shall mean a grouping of North Carolina counties 
which includes the county in which the new hospice inpatient 



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147 



PROPOSED RULES 



facility is proposed to be located and any one or more of the 
North Carolina counties which have a common border with 
that county, even it' the borders only touch at one point. No 



county may be included in a grouping of contiguous counties 
unless it is listed in the following table: 





Hospice Inpatient 


County 


Bed Deficit 


Mitchell 


1 


Haywood 


1 


Jackson 


1 


Rutherford 


2 


Watauga 


1 


McDowell 


1 


Wilkes 


1 


Yadkm 


1 


Yancey 


1 


Alamance 


2 


Davidson 


2 


Randolph 


3 


Rockingham 


2 


Surry 


2 


Cabarrus 


2 


Gaston 


3 


Iredell 


1 


Lincoln 


1 


Mecklenburg 


2 


Rowan 


1 


Stanly 


1 


Union 


2 


Anson 


1 


Durham 


3 


Johnston 


1 


Bladen 


1 


Brunswick 


2 


Columbus 


2 


Cumberland 


2 


Moore 


2 


Richmond 


3 


Montgomery 


1 


Robeson 


1 


Scotland 


1 


Bertie 


1 


Carteret 


1 


Craven 


1 


Duplin 


1 


Edgecombe 


1 


Hertford 


1 


Nash 


1 


Halifax 


1 


Onslow 


1 


Pitt 


1 


Wilson 


1 



Authority G.S. 131E-J76(25l: J31E-J77(lj: J3JE-J83(b). 



148 



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August 2, 1999 



14:3 



PROPOSED RULES 



.(,111 PSYCHIATRIC BED NEED 
DETERMINATION (REVIEW CATEGORY 

C) 
It is determined that there is no need lor additional 
psNchiatric beds. 

Aiitlumn G.S. 13IE-I76(25): 13IE-177(I}: 1}IE-I83ih}. 

.6228 CHEMICAL DEPENDENCY (SUBSTANCE 
ABUSE) TREATMENT BED NEED 
DETERMINATION (REVIEW CATEGORY 

C) 
(a) Adult Treatment Beds. It is determined that there is a 



need lor 17 additional chemical dependency (substanee abuse) 
treatment beds for adults in the Eastern Mental Health 
Planning Ren ion. It is determined that there is rw need tor 
additional chemical dependency (substance abuse) treatment 
beds tor adults in any other mental health planning; region. 

(b) Adult Detox-Onl\ Beds. It is determined that there is a 
need for additional dctox-onh' beds lor adults. The rollowing 
table lists the mental health planning areas that need detox- 
only beds for adults and identifies the number of such beds 
needed m each planning area. It is determined that there is no 
need lor additional detox-only beds for adults in any other 
mental health planning area. 



Mental Health Planning Areas 


Mental Health 


Number of Detox-On 


^ 


(Constituent Counties) 




Planning Regions 




Beds Needed 








i 


(Jackson, Haywood, Macon, Cherokee, 
Clay, Graham, Swain) 


W 


10 




4 


(Transyhania, Henderson) 


W 


10 




5 


(Caldwell, Burke, Alexander, McDowell) 


W 


10 




6 


(Rutherford, Polk) 


W 


10 




11 


(Rowan, Cabarrus, Stanly, Union) 


W 


10 




14 


(Rockingham) 


NC 


10 




16 


(Alamance, Caswell ) 


NC 


6 




17 


(Orange, Person, Chatham) 


NC 


2 




19 


(Vance. Granyille, Franklin, Warren) 


NC 


10 




2Q 


(Davidson) 


SC 


10 




TT 


(Robeson, Bladen, Scotland, Columbus) 


sc 


5 




25 


(Johnston) 


SC 


2 




26 


(Wake) 


sc 


26 




30 


(Wayne) 


E 


4 




31 


(Wilson, Greene) 


E 


10 




32 


(Edgecombe, Nash) 


E 


6 




33 


(Halifax) 


E 


IQ 




34 


(Craven, Jones, Pamlico, Carteret) 


E 


10 




35 


(Lenoir) 


E 


IQ 




37 


(Hertford, Bertie, Gates, Northampton) 


E 


4 




38 


(Beaufort, Washington, Tyrrell. Hyde, Martin) 


E 


5 




39 


(Pasquotank. Chowan. Perquimans, Camden, 
Dare. Currituck) 


E 


IQ 




40 


(Duplin, Sampson) 


E 


10 





(c) "Detox-only beds for adults" are chemical dependency treatment beds that are ciccupied exclusively by persons 
who are 18 years of age or older who are experiencing physiological withdrawal from the effects of alcoht>l or other 
drugs. 

(d) Detox-only beds for adults may be developed outside of the mental health planning area in which they are 
needed if: 

The beds are developed m a contiguous mental health planning area that is within the same mental health 
planning regit)n, as defined by 10 NCAC 3R .6204(c); and 

The program board in the planning area in which the beds are needed and the pr(>gram board in the 
planning area m which the beds are to be developed each adopt a resolution supporting the de\ek)pment of 
the beds in the contiguous planning area. 



ill 

(21 



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August 2, 1999 



149 



PROPOSED RULES 



(e) Child/Adolescent Treatment Beds. It is determined that there is no need for additional ehemieal dependenev 
(suhstanee ahuse) treatment beds for ehildren/adoleseents. 

(JJ The county o\ eounties which et)mprise each mental health planning area are Hsted in 10 NCAC 3R .6204(b). 



Autlwnn- G.S. 131E-J76(25): 13IE-177(J): I31E-I83{b). 



.6229 INTERMEDIATE CARE BEDS FOR THE MENTALLY RETARDED NEED DETERMINATION 
(REVIEW CATEGORY C) 

(a) Adult Intermediate Care Beds lor the Mentally Retarded. It is determined that the mental health planning areas 
listed ix! the I'ollowini; table need additional Adult Intermediate Care Beds for the Mentally Retarded ("ICF/MR 
beds"). The table identifies the number of new adult ICF/MR beds needed by each of the listed plannint; areas. It is 
determined that there js no need for new Adult ICF/MR facilities or for any additional ICF/MR beds in any other 
mental health planning areas, except as provided in Rule 10 NCAC 3R .6206(a)(8). 





Need 


Mental Health Planning Area (Constituent Counties) 


Determination 




Adult 


8 (Gaston-Lincoln) 


8 


29 (Onslow) 


8 



(b) Child/Adolescent Intermediate Care Beds for the Mentally Retarded. It is determined that there is no need for additional 
Child/Adolescent Intermediate Care Beds for the Mentally Retarded (ICF/MR beds). 

Authority G.S. 1 31E-176{25}: 13JE-J77(J): 131E-I83{b). 



.6230 POLICIES FOR GENERAL ACUTE CARE 
HOSPITALS 

(a) Use of Licensed Bed Capacity Data for Planning 
Purposes. For planning purposes the number of licensed beds 

shall be determined by the Division tvt' Facility Services in (2) 

accordance with standards found m JO NCAC 3C .6200 and 
.3102(d). 

(b) Utilization of Acute Care Hospital Bed Capacity. 
Conversion of underutili/xd hospital space to other needed 
purposes shall be considered an alternative to new 
construction. Hospitals falling below utilization targets in 
Paragraph (e) of this Rule are assumed to have underutilized 
space. Any such hospital proposing new construction must 
clearly demonstrate that jj is more cost-effective than 
conversion of existing space. 

(c) Exemption from Plan Provisions for Certain Academic 
Medical Center Teaching Hospital Projects. Projects for 
which certificates of need are sought by academic medical 
center teaching hospitals may qualify for exemption from 
provisions of 10 NCAC 3R .6207 through .6229. 

( 1 ) The State Medical Facilities Planning Section shall 
designate as an Academic Medical Center Teaching 
Hospital any facility whose application for such 
designation demonstrates the following 
characteristics of the hospital: (3) 

(A) Serves as a primary teaching site for a school 
of medicine and at least one other health 
professional school, providing undergraduate, 
graduate and postgraduate education. 

(B) Houses extensive basic medical science and 
clinical research programs, patients and 



equipment. 
(C) Serves the treatment needs of patients from a 

br(,iad geographic area through multiple 

medical specialties. 
Exemption from the provisions of iO NCAC 3R 
.6207 through .6229 shall be granted to projects 
submitted by Academic Medical Center Teaching 
Hospitals designated prior to January J_, 1990 which 
projects comply with one of the following 
conditions: 

(A) Necessary to complement a specified and 
approved expansion oi the number or types of 
students, residents or faculty, as certified by 
the head of the relevant associated 
professional school; or 

(B) Necessary to accommodate patients, staff or 
equipment for a specified and approved 
expansitin of research activities, as certified 
by the head of the entity sponsoring the 
research: or 

(C) Necessary to accommcxiate changes in 
requirements of specialty education 
accrediting bodies, as evidenced by copies of 
documents issued by such bodies. 

A project submitted by an Academic Medical Center 
Teaching Hospital under this Policy that meets one 
ot' the abtne conditions shall also demonstrate that 
the Academic Medical Center Teaching Hospital's 
teaching ot researach need for the pro posed project 
cannot be achieved effectively at any non- Academic 
Medical Center Teaching Hospital provider which 



150 



NORTH CAROLINA REGISTER 



August!, 1999 



14:3 



PROPOSED RULES 



currently o tiers the service for which the exemption 
is requested and which js within 20 miles of the 
Academic Medical Center Teaching: HospitaL 
(4) Any service, facility or equipment that results from 
a project submitted under this Policy after Januar\ J^ 
1999 shall be excluded from the inventory of that 
service, facility or equipment in the State Medical 
Facilities Plan. 
(d) Reconversion to Acute Care. Facilities re distributing 



beds from acute care bee capacity to rehabilitation or 
psychiatric use shall (ibtain a :ertificate of need to convert this 
capacity back to acute care Application for reconversion of 
acute care beds converted to psychiatry or rehabilitation back 
to acute care beds shall be evaluated against the hospital's 
utilization in relation to the greet occupancies for acute care 
beds shown below, without i L'gard to the acute care bed need 
determinations shown in 10 NCAC 3R .6207. 



Licensed Bed Capacity Percent Occupancy 

i;49 65%. 

50;99 70% '] 

I00;I99 75% I 

200;699 80% i 

700+ 81.5% , 

(e) Replacement of Acute Care Bed Capacity. The evaluation of proposals for either partial i r total replacement of acute care 
beds (i.e.. construction of new space for existing acute care beds) shall be evaluated against the jtili/.ation of the total number of 
acute care beds in the applicant's hospital [n relation to the target cK'cupancy of the total numbe of beds in that hospital which is 
determined as follows: 



Total Licensed Acute Care Beds 



Target Occupancy (Percent) 
65% 
70% 
75% 
80% 
81.5% 



i;49 
50;99 
100- 199 
200 - 699 
700 + 

(f) Allogeneic Bone Manow Transplantation Services. Allogeneic bone manovv transplants hall he provided onlv [n facilities 
having the capability of doing HLA matching and of management of patients having solid ik_ wn transplants. At their present 
stage of development k is determined that allogeneic bone marrinv transplantation services shal be limited to .Academic Medical 
Center Teaching Hospitals. 

(g) Solid Organ Transplantation Services. Solid organ transplant services shall be limii ■ d to Academic Medical Center 
Teaching Hospitals at this stage of the development of this service. 

Autlumn G.S. 131E-J76(25): 13]E-]77(]): IME-l8Mh). \ 



.6231 POLICIES FOR INPATIENT 

REHABILITATION SERVICES 

(a) After applying other required criteria, when superiority 
among two or metre competing rehabilitation facility certificate 
of need applications js uncertain, favorable ccinsideralion shall 
be given to proposals that make rehabilitation services more 
accessible to patients and their families oi MS. part of a 
comprehensive regional rehabilitation network. 

(b) Rehabilitation care which can be provided m an 
outpatient or home setting shall be prcnided m these settings. 
All new inpatient rchabilitatietn programs are required to 
provide comprehensive outpatient rehabilitation services as pan 
of their service delivery programs. 

Autlumn G.S. I3JE-J76(25): I3IE-I77il): lilE-l8Mbl 

.6232 POLICY FOR AMBULATORY SURGICAL 
FACILITIES 

After applying other required criteria, when superiority 
among two or more competing ambulatory surgical facility 



certificate of need applk Uions [s uncertain, favorable 
consideration shall be give i to "multi-specialty programs" 
over "specialty programs" in ireas where need is demonstrated 
in 10 NCAC .^R .6209. Am ilti-specialty ambulatory surgical 
program shall have the same neaning as dellned in G.S. 131E- 
176( 15a) and an ambulator' surgical facility shall have the 
same meaning as defined m ( i.S. 13IE-176( la). 

AuihonnG.S. 13IE-I76(2^^ 13IE-177t]): 13]E-I83(h). 



.6233 POLICY FOR I 
BASED LONG-T 

(a) A certificate of need r 
IS licensed under G.S 1311- 
conditions set forth below 
convert up to ten beds fn 
capacity lor use as hospilal-f 



ROVISION OF HOSPITAL- 
ERM NURSING CARE 

iay be issued to a hospital which 
.Article 5^ and which meets the 
md in JO NCAC 3R .1100. to 
m its licensed acute care bed 
ised long-term nursing care beds 
ions of need in 10 NCAC 3R 



without regard to determin 

.6222 if the hospital: 

( 1 ) is located in a com ly which was designated as non 



14:3 



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August 2, 1999 



151 



PROPOSED RULES 



01 



metropolitan by the U.S. Office of Management and 

Budget on January 1. 1999; and 

on January J^ 1999. had a licensed acute care bed 



capacity of 150 beds or less. 
The certificate ot' need shall remain in force as long as the 
Department ot' Health and Human Ser\'ices determines that the 
hospital is meelint; the conditions outhned in this Paragraph. 

(b) "Hospital-based lonii-term nursing care" is defined as 
long-term nursing care provided to a patient who has been 
directly discharged from an acute care bed and canncn be 
immediately placed in a licensed nursing facility because of the 
unavailability ol a bed appropriate for the indiNJdual's needs. 
Determination ot the patient'sneed for hospital-based long-term 
nursing care shall be made m accordance with criteria and 
procedures for determining need for hing-term nursing care 
administered by the Division of Medical Assistance and the 
Medicare program. Beds developed under this Paragraph are 
intended to proxide placement for residents only when 
placement m other long-term care beds is unavailable in the 
gccigraphic area. Hospitals which de\elop beds under this 
Paragraph shall discharge patients to other nursing facilities 
with available beds in the geographic area as soon as possible 
where appropriate and permissible under applicable law. 
Necessary d^)culncntation including ct^pies of physician referral 
forms (FL 2) on all patients in hospital-based nursing units shall 
be made available for review upon request bv duly authorized 
representatives of licensed nursing facilities. 

(c) For purposes of this Paragraph, beds in hospital-based 
long-term nursing care shall be certified as a "distinct part" as 
defined by the Health Care Financing Administration. Beds in 
a "distinct part" shall be converted from the existing licensed 
bed capacity of the hospital and shall not be recon\erted to any 
other category or type of bed without a certificate of need. An 
application for a certificate of need for reconverting beds to 
acute care shall jtc evaluated against the hospital's serxice needs 
utilizing target occupancies shown m K) NCAC 3R .6230(d). 
w'ith(^ut regard to the acute care bed need shown in K) NCAC 
3R .6207. 



such hospital by common ownership, control or management: 
( I ) applies for and receives a certificate of need for 
long-term care bed need determinations m 10 
NCAC 3R .6222; or 



(d) A certificate of need issued for a hospital-based long- 
term nursing care unit shall remain in force as long as the 
following conditions are met: 

( 1 ) the beds shall be certified for participation in the Title 
XVIIl (Medicare) and Title XIX (Medicaid) 
Programs; 

(2) the hospital discharges residents to other nursing 
facilities m the geographic area with available beds 
when such discharge is appropriate and pemiissible 
under applicable law; 

(3) patients admitted shall have been acutely ill inpatients 
of an acute hospital or its satellites immediately 
preceding placement m the unit. 

(e) The granting of beds for hospital-based long-term 
nursing care shall not allow a hc^spilal to convert additional 
beds vviihoul first obtaining a certificate of need. 

(f) Where any hospital, or the parent corporation or entity of 
such hospital, any subsidiary coiporation or entil\ of such 
hospital, or an\ corptiration or entity related to or affiliated with 



ill 
ill 



currently has nursing home beds licensed as a part 
of the hospital under G.S. 1 3 1 E. Article 5^ or 
currently operates long-term care beds under the 
Federal Swing Bed Program (P.L. 96-499), 
such h()spital shall not be eligible to apply for a certificate of 
need for hospital-based long-term care nursing beds under this 
Rule. Hospitals designated by the State of' North Carolina as 
Critical Access Hospitals pursuant to Section 1820(f) of the 
Social Security Act, as amended, which have not been 
allocated long-term care beds under provisions of G.S 1 3 1 E- 
175 through 1 3 I E- 1 90. may apply to deyek)p beds under this 
Paragraph. However, such hospitals shall not devekip long- 
term care beds both to meet needs determined in 10 NCAC 3R 
.6222 and this Paragraph. 

(g) Beds certified as a "distinct part" under this Paragraph 
shall be counted in tfie inventory of existing long-term care 
beds and used ij] llie calculation of unmet long-term care bed 
need for the general population of a planning area. 
Applications for certificates of need pursuant to this Paragraph 
shall be accepted cmly for the February 1 review cycle. Beds 
awarded under this Paragraph shall be deducted from need 
determinations for the county as shown in 10 NCAC 3R .6222. 
Continuation of this Rule shall be reviewed and approved bv 
the Department of Health and Human Services annually. 
Certificates of need issued under policies analogous to this 
policy in Stale Medical Facilities Plans subsequent to (he 1986 
State Medical Facilities Plan are automatically amended to 
conform with the provisions of this Paragraph. The 
Department of Health and Human Services shall monitor this 
program and ensure that patients affected by this Paragraph are 
receiving appropriate services, and that conditicms under 
which the certificate of need was granted are being met. 

Anihorirx G.S. ]31E-I76(25): ]31E-177(1): J3]E-I83lh). 



.6234 POLICY FOR NURSING CARE BEDS IN 
CONTINUING CARE FACILITIES 

(a) Qualified continuing care facilities may include from the 
outset, or add or convert bed capacity for long-term nursing 
care vMthout regard to the bied need shown in J_0 NCAC 3R 
.6222. To qualify for such exemption, applications for 



certificates of need shall show that the proposed long-term 
nursing bed capacity: 

( I ) Will only be developed concurrently with, or 

subsequent to constructictn on tlie same site, of 

facilities for both of tfie following levels of care: 

(A) independent living accomnn)dations 

(apartments and h^)mes ) for persons who are 

able to carry out ncirmal activities of daily 

living without assistance; such 

accommodations may be in the form of 

apartments, fiats. h(iuses. cottages, and rooms 

within a suitable structure; 



152 



NORTH CAROLINA REGISTER 



August 2. 1999 



14:3 



PROPOSED RULES 



(B) licensed adult care home beds for use by 
persons who, because of age or disability 
require some personal scryices. incidental 
medical services, and room and board to 
assure their safety and comfort. 

(2) Will be used exclusively to meet the needs of persons 
with whom the facility has continuinu care contracts 
(in compliance with the Department of Insurance 
statutes and rules) who haxe lived in a non-nursinsz 
unit of the continuing care facility for a period of at 
least 30 days. Exceptions shall be allowed when one 
spouse or sibling; is admitted to the nursing unit at the 
time the other spouse or sibling moves into a non- 
nursing unit, or when the medical condition requiring 
nursing care was not known to exist or be imminent 
when the individual becaine a party to the continuing 
care ccmtracl. Financial consideration paid by 
persons purchasing a continuing care contract shall 
be equitable between persons entering at the 
mdependent living and licensed adult care home 
levels of care. 

(3) Reflects the number of beds required to meet the 
current or projected needs of residents with whoin the 
facility has an agreeinent to provide continuing care, 
after making use of aU feasible alternatives to 
institutional nursing care. 

(4) Will not he certified for participation in the Medicaid 
program. 

(b) One half ot' the long-term nursing beds de\elopcd under 
this exemption shall be excluded frcim the inventt)ry used to 
project bed need for the general populaiion- Certificates of 
need issued under policies analogous to this policy m State 
Medical Facilities Plans subsequent to the 1985 SMFP are 
automatically amended to conform with the pnnisions of this 
Paragraph. Certificates of need awarded pursuant to the 
prtivisions of Chapter 920, Session Laws 1983. or Chapter 445. 
Session Laws 1985 shall not be amended. 

AuthontxG.S. 1 3IE-I76(25): 13JE-177(ll: 131E-I83(h}. 

.6235 POLICY FOR DETERMINATION OF NEED 
FOR ADDITIONAL NURSING BEDS IN 
SINGLE PROVIDER COUNTIES 

When a long-term care facility with fewer than 80 nursing 
care beds js the onl\' nursing care facility within a county, it 
may apply for a certificate of need for additional nursing beds 
in order to bring the minimum number of beds available within 
the county to no more than 80 nursing beds without regard to 
the nursing bed need determination for that county as listed in 
IO NCAC 3R .6222. 

AiirlwrinG.S. I31E-I76(25l: 131E-177(1): I31E-I83lhl. 

.6236 POLICY FOR RELOCATION OF CERTAIN 
NURSING FACILITY BEDS 

A certificate of need to relocate existing licensed nursing 



facility beds to another county(ies) may be issued to a facility 
licensed as a nursing facility under G.S. 1 3 1 E. Article 6. Part 
A. pro\ided that the conditions set forth in this Paragraph and 
in 10 NCAC 3R .1 100 and the review criteria in G.S. 13 lE- 
183(a) are met. 

( 1 ) A facility applying for a certificate of need to 
relocate nursing facility beds shall demonstrate that: 

(a) it is a non-prollt nursing facility suppcirted by 
and directly aftlliated with a particular 
reli"ii>n and that h is the only nursing facility 
in North Cart)lina supported by and affiliated 
with that religion; 

(b) the primary purpose for the nursing facility's 
existence is to provide long-ieiTn care to 
followers of the specified religion in an 
environment which emphasizes religious 
customs, ceremonies, and practices; 

(c) relocation of the nursing facility beds to one 
or more sites is necessary to more effectively 
provide long-term nursing care to followers 
of the specified religion in an en\ironment 
which emphasizes religious cusioms. 
ceremonies, and practices; 

(d) the nursing facility is expected to serve 
followers of the specified religion I'rom a 
multi-county area; and 

(e) the needs of the population presently ser\ed 
shall be met adequately pursuant to G.S, 
131E-183. 

(2) Exemption from the provisions of J_0 NCAC 3R 
.6222 shall be granted to a nursing facility for 
purposes of relocating existing licensed nursing 
beds to another c()unty pro\'ided that U complies 
with all of the criteria listed m this Rule 

(3) Any certificate oi need issued under this Rule shall 
be subject to the foUowini; conditions: 

(a) the nursing facility shall lekK'ate beds in at 
least two stages over a period of at least six 
months: and 

(h) the nursing facilit\' shall pro\ide a letter to the 
Medical Facilities Licensure Section, on or 
before the date that the first group of beds are 
relocated, irrevocably committing the facility 
to relocate all of the nursing facility beds for 
which U has a certificate of need to relocate; 
and 

(c) subsequent to providing the letter to the 
Medical Facilities Licensure Section 
described m Subpart ( 3 )( b ) of this Rule, the 
nursing facility shall accept no new patients 
m the beds which are being rekK'aied. except 
new patients who, pritir to admission, indicate 
their desire to transfer to the lacility's new 
location(s). 

Authoritx G.S. I3IE-I76I25): I3IE-I77(n: l3IE-lS3(h). 



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153 



PROPOSED RULES 



.6237 POLICY FOR HOME HEALTH SERVICES 

Need Detennination Upon Termination of County's Sole 
Home Health Agency. When a home health agency's board of 
directors, or in the case of a public agency, the responsible 
public body, votes to discontinue the agency's provision of 
home health services; and 

(1 ) the agency is the only home health agency with an 
office physically located in the county; and 

(2) the agency is not being lawfully transferred to 
another entity; 

need for a new home health agency office in the county is 
thereby established through this Rule. Following receipt of 
written notice of such decision from the home health agency's 
chief administrative officer, the Certificate of Need Section 
shall give public notice of the need for one home health agency 



patients normally placed at the State psychiatric hospitals. To 
help ensure that relocated beds will serve those persons who 
would have been served by the State psychiatric hospitals, a 
proposal to transfer beds from a State hospital shall include a 
written memorandum of agreement between the area 
MH/DD/SAS program serving the county where the beds are 
to be located, the Secretary of Health and Human Services, 
and the person submitting the proposal. 

(b) Allocation of Psychiatric Beds. A hospital submitting a 
Certificate of Need application to add inpatient psychiatric 
beds shall convert excess licensed acute care beds to 
psychiatric beds. In determining excess licensed acute care 
beds, the hospital shall subtract the average occupancy rate for 
its licensed acute care beds over the previous 13-month period 
from the appropriate target occupancy rate for acute care beds 
listed in 10 NCAC 3R .6230(d) and multiply the difference by 
the number of its existing licensed acute care beds. 



office in the county, and the dates of the review of applications 

to meet the need. Such notice shall be given no less than 43 tc] Linkages Between Treatment Settings. An applicant 

days prior to the final date for receipt of applications in a 
newspaper serving the county and to home health agencies 
located outside the county reporting serving county patients in 
the most recent licensure applications on file. 



a pplying for a certificate ot' need for psychiatric inpatient 
facility beds shall document that the affected area mental 
health, developmental disabilities and substance abuse 



AuthontxG.S. I31E-I76(25): 131E-I77(1); 131E-183(h). 

.6238 POLICY FOR END-STAGE RENAL DISEASE 
DIALYSIS SERVICES 

Relocation ot' Dialysis Stations. Relocations of existing 
dialysis stations are allowed only within the host county and to 
contiguous counties currently served by the facility. Certificate 
of need applicants proposing to relocate dialysis stations shall: 

(1 ) demonstrate that the proposal shall not result in a 
deficit in the number of dialysis stations in the county 
that would be losing stations as a result ot' the 
proposed project, as reflected in the most recent 
Semiannual Dialysis Report, and 

(2) demonstrate that the proposal shall not result in a 
surplus of dialysis stations in the county that would 
oain stations as a result of the proposed project, as 
reflected in the iTH)st recent Semiannual Dialysis 
Report. 

Aiahorin- G.S. 131E-176{25): 131E-I77(I}: 131E-I83(h). 

.6239 POLICIES FOR PSYCHIATRIC INPATIENT 
FACILITIES 

(a) Transfer of Beds from State Psychiatric Hospitals to 
Community Facilities. Beds in the State psychiatric hospitals 
used to serve short-temi psychiatric patients may be relocated 
to community facilities. However, before beds are transferred 
out of the State psychiatric hospitals, appropriate services and 
programs shall be available in the community. State hospital 
beds which are relocated to community facilities shall be closed 
within 90 days following the date the transferred beds become 
operational in the community. Facilities proposing to operate 
transferred beds shall commit to serve the type of short-term 



authorities have been contacted and invited to comment on the 
proposed services. 

Authority G.S. 1 31E-176(25): I31E-I77(1): ]31E-]83(b). 

.6240 POLICY FOR CHEMICAL DEPENDENCY 
TREATMENT FACILITIES 

Linkages Between Treatment Settings. An applicant 
applying for a certificate of need for chemical dependency 
treatment facility beds shall document that the affected area 
mental health, developmental disabilities and substance abuse 
authorities have been contacted and invited to comment on the 
proposed services. 

Authority G.S. 131E-176{25): 131E-177(I): 131E-183(h). 

.6241 POLICIES FOR INTERMEDIATE CARE 
FACILITIES FOR MENTALLY RETARDED 

Linkages Between Treatment Settings. An applicant 
applying for a certificate of need for intermediate care facility 
beds for mentally retarded shall document that the affected 
area mental health, developmental disabilities and substance 
abuse authorities have been contacted and invited to comment 
on the proposed services. 

Authority G.S. ]3]E-J76(25): 131E-I77{1): I31E-183(b). 

Notice is hereby given in accordance with G.S. I50B-2I.2 
that the NC Child Care Coniwission intends to adopt the 
rule cited as 10 NCAC 3U .281 1 and amend rules cited as JO 
NCAC 3U .0102, .2501 -.2502, .2510, .2804. Notice of Rule- 
making Proceedings was published in the Register on May I, 
1998. 



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Proposed Effective Date: July I. 2000 

A Public Hearing will he conducted from 5:00 p.m. to 7:00 
p.m. on August 26. 1999 at the Wildlife Building, 322 
Chapanoke Road, Raleigh, NC 27603. 

Reason for Proposed Action: The North Carolina General 
Assembly enacted S.L. 97-0506 during the 1997 Legislative 
Session which revised G. S. 110, the law for child care centers 
and family child care homes. The law states that the 
Department of Health and Human Services shall issue a rated 
license to child care facilities. The North Carolina Child Care 
Commission proposes these rules to establish the standards for 
rated licenses specifically for child care centers where school- 
age children are enrolled. 

Comment Procedures: Written comments for consideration by 
the Commission may be submitted to the APA Coordinator for 
the Division of Child Development at 322 Chapanoke Road, 
Raleigh, NC 27603. Oral comments may be made during the 
public hearing. The Commission Chairperson may impose time 
limits for oral remarks. Copies of the rules may be requested 
by contacting the APA Coordinator. All comments must be 
received no later than 5:00 p.m. on September 1, 1999. 

Fiscal Note: 10 NCAC 3U .2510 does affect the expenditures or 
revenues of local government funds and does not affect the 
expenditure or distribution of State funds subject to the 
E.xecutive Budget Act, Article I of Chapter 143. 

Fiscal Note: 10 NCAC 3U .281 1 does affect the expenditure or 
distribution of State fimds subject to the Executive Budget Act. 
Article 1 of Chapter 143, does not affect the expenditures or 
revenues of local government funds and does not have a 
substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

Fiscal Note: These Rules, 10 NCAC 3U .0102, .2501-.2502, 
.2804, do not affect the expenditures or revenues of state or 
local government funds and do not have a substantial economic 
impact of at least five million dollars ($5,000,000) in a 12- 
month period. 

CHAPTER 3 - FACILITY SERVICES 

SUBCHAPTER 3U - CHILD DAY CARE STANDARDS 

SECTION .0100 - GENERAL 

.0102 DEFINITIONS 

The terms and phrases used in this Subchapter shall be 
defined as follows except when the content of the rule clearly 
requires a different meaning. The definitions prescribed in G.S. 
] 10-86 also apply to these Rules. 

(1) "Agency" means Division of Child Development, 
Department of Health and Human Services located at 



319 Chapanoke Road, Suite 120, Raleigh, North 
Carolina 27603. 

(2) "Appellant" means the person or persons who 
request a contested case hearing. 

(3) "A" license means the license issued to child care 
operators who meet the minimum requirements for 
the legal operation of a child care facility pursuant 
to G.S. 110-91 and applicable rules in this 
Subchapter. 

(4) "AA" license means the license issued to child care 
operators who meet the higher voluntary standards 
promulgated by the Child Care Cominission as 
codified in Section .1600 of this Subchapter. 

(5) "Basic School-Age Care Training" (BSAC Training) 
means the seven clock hours of training sponsored 
by the Department of 4-H Youth Development and 
the Division of Child Development on the elements 
of quality school-age care. 

(5) (6] "Child Care Program" means a single center or 
home, or a group of centers or homes or both, which 
are operated by one owner or supervised by a 
common entity. 

mm "Child care provider" as defined by G.S. 1 10-90.2 
and used in Section .2700 of this Subchapter, 
includes but is not limited to the following 
employees: facility directors, administrative staff, 
teachers, teachers" aides, cooks, maintenance 
personnel and drivers. 

fj^£8] "Child Development Associate Credential" means 
the national early childhood credential administered 
by the Council for Early Childhood Professional 
Recognition. 

(81(9) "Department" means the Department of Health and 
Human Services. 
(9) ( 10) "Developmentally appropriate" means suitable to the 
chronological age range and developmental 
characteristics of a specific group of children. 
(+6) (11) "Division" means the Division of Child 
Development within the Department of Health and 
Human Services. 
fHi (12) "Drop-in care" means a child care arrangement 
where children attend on an intermittent, 
unscheduled basis, 
(i^ (13) "Early Childhood Environment Rating Scale - 
Revised edition" (Harms. Cryer, and Clifford, 1998, 
published by Teachers College Press, New York, 
NY) is the instrument used to evaluate the quality of 
care received by a group of children in a child care 
center, when the majority of children in the group 
are two and a half years old through five years old, 
to achieve three through five points for the program 
standards of a rated license. This instrument is 
incorporated by reference and includes subsequent 
editions. Individuals wishing to purchase a copy for 
ten dollars and ninety-five cents ($10.95) may call 
Teachers College Press at 1-800-575-6566. A copy 



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155 



PROPOSED RULES 



t+fHOi] 



(-Hi (15) 



ft51(16) 



t+fr)LL7 



t+^USj 



H-S1{19 



of this instrument is on file at the Division at the 
address given in Item ( 1 ) of this Rule and will be 
available for public inspection during regular 
business hours. 

"Family Day Care Rating Scale" (Harms and 
Clifford. 1989. published by Teachers College Press. 
New York, NY) is the instrument used to evaluate the 
quality of care received by children in family child 
care homes to achieve three through five points for 
the program standards of a rated license. TTiis 
instrument is incorporated by reference and includes 
subsequent editions. Individuals wishing to purchase 
a copy for eight dollars and ninety-five cents ($8.95) 
may call Teachers College Press at I -800-575-6566. 
A copy of this instrument is on file at the Division at 
the address given in Item ( 1 ) of this Rule and will be 
available for public inspection during regular 
business hours. 

"Group" means the children assigned to a specific 
caregiver, or caregivers, to meet the staff/child ratios 
set forth in G.S. 1 10-91(7) and this Subchapter, using 
space which is identifiable for each group. 
"Infant/Toddler Environment Rating Scale" (Harms, 
Cryer, and Clifford, 1990, published by Teachers 
College Press, New York, NY) is the instrument used 
to evaluate the quality of care received by a group of 
children in a child care center, when the majority of 
children in the group are younger than thirty months 
old, to achieve three through five points for the 
program standards of a rated license. This instrument 
is incorporated by reference and includes subsequent 
editions. Individuals wishing to purchase a copy for 
eight dollars and ninety-five cents ($8.95) may call 
Teachers College Press at 1-800-575-6566. A copy 
of this instrument is on file at the Division at the 
address given in Item ( 1 ) of this Rule and will be 
available for public inspection during regular 
business hours. 

"Licensee" means the person or entity that is granted 
permission by the State of North Carolina to operate 
a child care facility. 

"North Carolina Early Childhood Credential" means 
the state early childhood credential that is based on 
completion of coursework and standards found in the 
North Carolina Early Childhood Instructor Manual 
published jointly under the authority of the 
Department and the Department of Community 
Colleges. These standards are incorporated by 
reference and include subsequent amendments. A 
copy of the North Carolina Early Childhood 
Credential requirements is on file at the Division at 
the address given in Item ( 1 ) of this Rule and will be 
available for public inspection during regular 
business hours. 

"Operator" means the person or entity held legally 
responsible for the child care business. The terms 
"operator", "sponsor" or "licensee" may be used 



t+^l20] 






(22)123 



(251(24) 



mum 

(251126) 
(261(27) 



(2^(28) 



(281129) 



interchangeably. 

"Part-time care" means a child care arrangement 
where children attend on a regular schedule but less 
than a full-time basis. 
"Passageway" means a hall or corridor. 
"Preschooler" or "preschool-aged child" means any 
child who does not fit the definition of school-aged 
child in this Rule. 

"School-Age Care Environment Rating Scale" 
(Hanns, Jacobs, and White, 1996. published by 
Teachers College Press) is the instrument used to 
evaluate the quality of care received by a group of 
children in a child care center, when the majority of 
the children in the group are older than five years, to 
achieve three through five points for the program 
standards of a rated license. TTiis instrument is 
incorporated by reference and includes subsequent 
editions. Individuals wishing to purchase a copy for 
eight dollars and ninety-five cents ($8.95) may call 
Teachers College Press at I -800-575-6566. A copy 
of this instrument is on file at the Division at the 
address given in Item (1) of this Rule and will be 
available for public inspection during regular 
business hours. 

"School-aged child" means any child who is at least 
five years old on or before October 16 of the current 
school year and who is attending, or has attended, a 
public or private grade school or kindergarten; or 
any child who is not at least five years old on or 
before October 16 of that school year, but has been 
attending school during that school year in another 
state in accordance with the laws or rules of that 
state before moving to and becoming a resident of 
North Carolina; or any child who is at least five 
years old on or before April 1 6 ol' the current school 
year, is determined by the principal of the school to 
be gifted and mature enough to justify admission to 
the school, and is enrolled no later than the end of 
the first month of the school year. 
"Seasonal Program" means a recreational program 
as set forth in G. S. 1 10-86(2 Kb). 
"Section" means Division of Child Development. 
"Substitute" means any person who temporarily 
assumes the duties of a regular staff person for a 
time period not to exceed two consecutive months. 
"Temporary care" means any child care arrangement 
which provides either drop-in care or care on a 
seasonal or other part-time basis and is required to 
be regulated pursuant to G.S. 1 10-86. 
"Volunteer" means a person who works in a child 
care facility and is not monetarily compensated by 
the facility. 



Authority G.S. 1 10-88; 143B- 168.3. 

SECTION .2500 - CARE FOR SCHOOL-AGE 
CHILDREN 



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.2501 SCOPE 

The regulations in this Section apply to large da}' cai ' e homes 
and all child day care facili t ies centers offering care to six three 
or more school-age children exclusively t)r as a component of 
any other program. All regulations in this Suhchapter 
pertaining to full-time, part-time, or seasonal child dtry care 
shall apply to programs for school-age children except as 
pro\ ided in this Section. 

Authontx G.S. 110-86(3): 110-91: 143B-1683. 

.2502 SPECIAL PROVISIONS FOR LICENSURE 

A facility providing care for school-age children exclusively 
shall be issued a license restricting care to school-age children 
as defined in Rule .0102 of this Subchapter. The license shall 
be issued for the time period the facil i ty will operate, not to 
exceed a maximum of t welve months . A facility providing care 
for school-aged children exclusively on a seasonal basis 
between May 15 and September 15 shall be licensed as a 
summer day camp. 

Authority G.S. 110-88(1): 1 10-91: 14JtB-I68..l 

.2510 STAFF QUALIFICATIONS 

ttr) The followi n g s t aff r eq u ir ements shall apply to a part- 
t i m e school-age o r s e asonal school-age prog ra m: 

(+) ta] The individual who is responsible for ensuring the 

administration of the program, whether on-site or off-site, shall: 

tAl( 1 ) Be at least 2 1 years old and ha\ e at least o n e yea r o < 

full-tim e exp er ience or two summers" 400 hours of 

N'erifiable experience working in a licensed child care 

program serving school-age children or 600 hours of 

verifiable experience working in an unlicensed 

school-age care experienc e wo r ki n g w i th school-age 

c hi l dr en in a schoo l -age care p r og r am or camp setting 

prior to employment; and 

tBi l2j Meet the requirements for a child care administrator 

in G.S. 110-91(8). 

t2i ib] At least one individual who is responsible for 

planning and ensuring the implementation of daily activities for 

a school-age program (who may be called a program 

coordinator) shall: 

(tV) OJ Be at least 1 8 years old and have a high school 

diploma or its equivalent prior to employment; and 
rtJl i2d Have completed two semester credit hours in child 
and youth development and two semester credit hours 
in school-age programming. Each individual who 
does not meet this requirement shall enroll in 
coursework within six months after becoming 
employed o r by Septembe r 1. 1999. whichc%e r i s 
later, and shall complete this coursework within 18 
months of enrollment. Program coordinators who 
have a North Carolina EarK Childhood Credential iir 
Its equnalenl or a North Carolina Early Childhood 
.Administration Credential or its equi\alent mav 



complete the Ba 

Training within 

employed rather li 

of child and voull 

credit hours o[ schi 

t€^ [3] In a part day prog 

in care. For a full 

thirds of the hours 

times when the in 

illness or vacation. 

ffH tc] All other staff (wh 

assistant — grotrp — l eade r s) > 

supervising groups of schooi 

group leaders) shall be at \c, 

high schcHil dipkima or its eg 

shall complete seven cloc ^ 

train ing approved by the Di 

sc h ool-age prog r am training ■ 

child car e regulations; qu ni 

ch ild development; pos i t i v e 

age-approp ri ate — act i vit i es; - 

design; and health, safety, an 

(d) Staff who assist gwt 

assistant group leaders) shal 

shall complete the BSAC irai 

(7^ iej Staff in part-time 

required to s h a ll complete 

Training shall do so wi!; 

employed. 

t*1 LQ Staff in seasonal 

shall complete the sc h oo l -jL 

do so within six weeks of b-.. 

tb) Th e following sia " 

program that o p 



ic School-Age Care (BSAC) 
three months of becoming 
in the two semester credit hours 
development and two semester 
ol-age programming. 
am be on site when children are 
day program be on site for two 
of operation. This may include 
Inidual may be off site due to 

1 may be called group leaders o r 
aff who are responsible for 
age children (who may be called 
St +fi 18 years of age and ha\'e a 
i\alent prior to employment, and 

hours of school -age pr og r am 
is io n the BSAC Training . The 
h all include the following topics: 
ty school-age care; school-age 
lehav i o r m anagement pract i ces; 
jurnculum — and — environmental 
1 pla y g r ound t r aining . 
!X> leaders (who mav be called 

he at least 16 years of age and 
ling. 

or fuU dav school-age programs 
ihe school-age prog r am BSAC 
in three months of becoming 

,chool-age programs required to 
, -• program BSAC Training shall 
oming employed. 



r equirements snail apply to a 
• rates on a ful l yea r basis and 



offe r s full t i me c a r e fo r schn ; 1-age children: 



tH 



ei 



tfH 



the 



administration o i 
off- site. — shall 
Subparagraph (a ) ' 
At l east o n e i n d 
p lanning and ens i 
daily activities fo r 
the r equ i r e me n ts ii 
All oihe i — staff ^ 



OTm — rs — rc spo n s ih ic — ror 

he program, whe ther o n - s ite o r 



m eet — tfrc — r equ i rements — rn 
) of this Rule. 



f dual 



i b ie for 



rr dual who i s responsi t 
r i n g the impleme n ta ti o n of the 
a school-age program shall meet 
Subparagraph (a) (2) of this rule. 



raH — meet — trie — requirements — m 
{}) of this Rule within three 



Subparag r aph (a) 

mo n t h s of bec omir g employed . 
tr) T h e follow in g stalT r e q. iirements shall apply to a school- 
age p r og r am which o p c r aUs on a fu l l — year basis as a 
compon en t o l a c ent e r w h i c f also provides care to preschool- 

t+) IgJ The indi\ idual v\hi 
administration of the school 



also proNides care to pre 



meet the requirements for chi 

91 (8) and Section .0700 of tl- 

(-21 Al least o n e in d i v n 



is tin-site and responsible for the 
ige component of a center which 
lool-age children pr og r am shall 
d care administrator in G.S. 1 10- 
s Subchapter. 
ual r es p ons ib le f or planni ng a n d 



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157 



PROPOSED RULES 



ensu r i n g the impleme n tation of the daily activities fo r 

tiie school-age component of the program si i all : 

t7%1 Meet the requirements in Subparagraph (a) (2) 

of this Rule; or 

tBi Have — a — North — Carol i na — E a r l y — Childhood 

C r ede n t i al or its equivalent a n d co m plete the 

school -age — program — training — described — rn 

Subpa r ag r aph (a) {}) of this Rule within three 

months of becoming emp l oyed. 

(fr> All other staff wo r k i ng i n the school-age component 

of — the — program — shaH — complete — t+te — school-age 

program tra i ning desc rib ed m Su b parag r aph (a) (3 ) o f 

thi s Rule within three mont h s of beco mi ng e mp loye d . 

(h) When an individual has responsibility for both 

administering! the program and planning and ensuring the 

implementation of the daily activities of a school-age program. 

the individual shall meet the staff requirements for an 

administrator and shall complete the BSAC Training. 

(i) Completion of the BSAC Training may count toward 
meeting one year's annual on-going training requirements vn 
Section .0700 of this Subchapter . 

ijj Individuals who have completed seven hours of school- 
age program training as approved by the Division prior to July 
Jj 2000 shall not be required to complete the BSAC Training. 

(tff(k) The special training requirements in Rule .0705 shall 
apply to all programs for school-age children. 

felt I) Whenever children participate in swimming or other 
aquatic activities, the following provisions shall apply; 

(1) The children shall be supervised by persons having 
life saving certificates, issued by the Red Cross or 
other issuing entity approved by the Division 
appropriate for the type of body of water and type of 
aquatic activities: 

(A) One lifeguard is required for groups of 2? or 
fewer children. 

(B) Two lifeguards arc required for groups of 26 
or more children. 

(2) A person with lifeguard certification is not required 
when there are no more than 12 children present and 
the body of water has no portion deeper than 30 
inches and the total surface area is not more than 400 
square feet. The children shall be supervised by at 
least one adult who is certified to perform 
cardiopulmonary resuscitation appropriate for the 
ages of children in care. 

fft (m) All staff shall participate in at least three hours of 
documented orientation related to the programs policies, 
activities and child safety within six weeks of assuming 
responsibility for supervising a group of children. 

t+fXn) The health requirements for staff and volunteers in 
Rule .0701 - .0702 shall apply. 

(r)(o) All staff under age 18 counted toward meeting the 
required staff/child ratio shall work under the direction of 
another staff person at least 2 1 years of age. 

(t) When — an — i nd iv idua l — has — responsibility — foi — both 
administering the p rog r am and planni n g a n d e n sur i ng the 



implementation of the daily activ iti es of a school-age pr og r am, 
the — i n d i vidual — strafi — meet — the — staff requ ir eme n ts — for an 
admin i st r ator and shall comp l ete the seve n hours of school-age 
program tra i ning . 

tjl Completion of the seven clock hour school-age program 
training shall count towa r d m e e ting one year's annual on- 
going — training — requirements — in — Section — .0700 — of — this 
Subchapter . 

Anrhonn G.S. 110-91(8), (11); I43B-I68.3. 

SECTION .2800 - VOLUNTARY RATED LICENSES 

.2804 EDUCATION STANDARDS FOR A RATED 
LICENSE FOR CHILD CARE CENTERS 

(a) To achieve two points for education standards for a star 
rating, child caring staff in the center shall meet the following 
requirements; 

( 1 ) The on-site administrator shall have; 

(A) A Level I North Carolina Early Childhood 
Administration Credential or its equivalent; 
and 

(B) Two years of full-time verifiable early 
childhood work experience. 

(2 ) For centers with a licensed capacity of 200 or more, 
there shall be a second administrator on-site for a 
minimum of 20 hours per week who shall have the 
Level I North Carolina Early Childhood 
Administration Credential or its equivalent. 

(3) All lead teachers shall have the North Carolina Early 
Childhood Credential or its equivalent, and 75% of 
the lead teachers shall have: 

(A) Completed or be enrolled in 3 semester hours 
in early childhood education or child 
development (not including North Carolina 
Early Childhood Credential coursework); or 

(B) One year of full-time verifiable early 
childhood work experience. 

(4) 50% of the teachers counted in staff/child ratios 
shall have; 

(A) Completed or be enrolled in two semester 
hours in early childhood education or child 
development; or 

(B) One year of full-time verifiable early 
childhood work experience. 

(5) For centers with a school-age care component, the 
following requirements shall apply. These 
requirements are in addition to what is required in 
Rule .2510 of this Subchapter, and may count 
towards meeting education and experience 
requirements in Paragraph (a) of this Rule. 

(A) If the administrator has no verifiable 
experience working in a sch(n)l-age care or 
camp setting, he or she shall complete the 
Basic Scho()l-Age Care (BSAC) Training. 

(B) The individual designated as the program 



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PROPOSED RULES 



coordinator as allowed in Rule .2510 shall 
have at least 200 hours of' verifiable experience 
workinsi with school -age children m a licensed 
child care program or supervising the school- 
age component of a licensed child care 
program: or have at least 300 hours of 
. verifiable experience working with school-age 
children in an unlicensed school-age care or 
cainp setting or su pervising an unlicensed 
school-a^e care or camp program; or have 
completed or be enrolled in at least two 
semester hours of school-age care related 
coursework. 
(C) For centers with a school-age care component 
with a licensed capacity of 200 or more 
school -age children, there shall he a second 
program coordinator on she who meets the 
requirements of Rule .2510 of this Subchapter. 
(b) To achieve three points for education standards tor a star 

rating, child caring staff in the center shall meet the following 

requirements. 

( 1 ) The on-site administrator shall have: 

(A) A Level I North Carolina Early Childhood 
Admmistration Credential or its equivalent; 
and 

(B) Six semester hours in early childhood 
education or child development (not including 
North Carolina Early Childhood 
Administration Credential coursework); and 

(C) Two years of full-time verifiable early 
childhood work experience. 

(2) For centers with a licensed capacity of 200 or more, 
there shall be a second administrator on-site for a 
minimum of 20 hours per week who shall have the 
Level I North Carolina Early Childhood 
Administration Credential or its equivalent. 

(3) All lead teachers shall have the North Carolina Early 
Childhood Credential or its equivalent, and 75% of 
the lead teachers shall have; 

(A) Three semester hours in early childhood 
education or child development (not including 
North Carolina Early Childhood Credential 
coursework); or 

(B) Two years of full-time verifiable early 
childhood work experience. 

(4) 50% of the teachers counted in staff/child ratios shall 
have: 

(A) Completed or be enrolled in the North 
Carolina Early Childhood Credential or its 
equivalent; or 

(B) Completed or be enrolled in four semester 
hours in early childhood education or child 
development; or 

(C) Three years of full-time verifiable early 
childhood work experience. 

(5) For centers with a school-age care component, the 



following requirements shall apply. These 
requirements are in addition to what is required [n 
Rule .2510 of this Subchapter, and may count 
towards meeting education and experience 
requirements m Paragraph (b) of this Rule. 

(A) If die administrator does not have at least 300 
hours of verifiable experience working in a 
licensed child care program serving school- 
age children, or at least 450 hours of 
verifiable experience working iji an 
unlicensed school-age care or camp setting. 
he or she shall complete the BSAC Training. 

(B) The individual designated as tfie program 
coordinator as allowed in Rule .2510 shall 
have at least 400 hours of xerifiable 
experience working with school-age children 
in a licensed child care program or 
supervising the school-age component of a 
licensed child care program; or have at least 
600 hours of verifiable experience working 
with school -age children in an unlicensed 
scho^ll-age care or camp setting or 
supervising an unlicensed school-age care or 
camp program; or have completed at least 
two semester hours of sch(K)l-age care related 
coursework. 

(C) For centers with a school-age care component 
with a licensed capacity oi" 200 or mcMe 
schtiol-age children, there shall be a second 
program coordinator on ske who meets the 
requirements of Rule .2510 of this 
Subchapter. 

(D) 15'7< oi Ihe individuals designated as group 
leaders as allowed m Rule .2510 shall have at 
least 100 hours of verifiable experience 
working with school-aged children in a 
licensed child care program; or have at least 
150 hours of verifiable experience working 
with school-aged children in an unlicensed 
school-age care or camp setting. 

(c) To achieve four points for education standards for a star 
rating, child caring staff in the center shall meet the following 
requirements: 

( 1 ) The on-site administrator shall have: 

(A) A Level II North Carolina Early Childhood 
Administration Credential or its equivalent; 
and 

(B) Two years of full-time verifiable early 
childhood work experience. 

(2) For centers with a licensed capacity of 200 or more, 
there shall be a second administrator on-site for a 
minimum of 20 hours per week who shall have the 
Level I North Carolina Early Childhood 
Administration Credential or its equivalent. 

(3) All lead teachers shall have the North Carolina Early 
Childhood Credential or its equivalent, and 75% 



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August 2, 1999 



159 



PROPOSED RULES 



shall have: 

(A) Nine semester hours in early childhood 
education or child development (not including 
the North Carolina Early Childhood Credential 
coursework): and 

(B) Two years of full-time verifiable early 
childhood work experience. 

(4) SO'/f of the teachers counted in staff/child ratios shall 
have: 

(A) The North Carolina Early Childhood 
Credential or its equivalent; or 

(B) Four semester hours m early childhood 
education or child development; or 

(C) Five years of full-time verifiable early 
childhood work experience. 

(5) For centers with a school-aae care component, the 
followinij requirements shall apply. These 
requncments are in addition to what is required in 
Rule .2510 of this Subchapter, and may count 
towards meeting education and experience 
requncments m Paragraph (c) of this Rule. 

(A) If the administrator does not have at least 600 
hours of verifiable experience working in a 
licensed child care proizram servm^ school-a^e 
children, he or she shall complete the BSAC 
Training. 

(B) The individual designated as Utc program 
coordinator as allowed in Rule .2510 of this 
Subchapter shall have at least 900 hours of 
verifiable experience working with school-age 
children in a licensed child care program or 
supervising the school -age component of a 
licensed child care program and have 
completed at least four semester hours of 
school-age care related c(>uisew()rk. 

(C) For centers with a school-age care component 
with a licensed capacity of 200 or more 
school-age children, there shall be a second 
program coordinator on srle wht> meets the 
requirements of Rule .2510 of this Subchapter. 

(D) 50'/? of the indisiduals designated as group 
leaders as allowed in Rule .2510 ot. this 
Subchapter shall ha\c at least .-^OO hours of 
verifiable experience working with school - 
aged children in a licensed child care program. 

(E) Assistant group leaders shall be at least 18 
years of age. 

(d) To achie\e five points for education standards for a star 
rating, child caring staff in the center shall meet the following 
requirements. 

( 1 ) The on-site administrator shall have: 

(A) A Level III North Carolina Early Childhood 
Administration Credential or its equivalent; 
and 

(B) Four years of full-time verifiable work 
experience in an early childhood center 
teaching young children, or four years of 



administrative experience, or four years of a 
combination of both. 

(2) For centers with a licensed capacity of 200 or more, 
there shall be a second administrator on-site for a 
minimum of 20 hours per week who shall have the 
Level I North Carolina Early Childhood 
Administration Credential or its equivalent. 

(3) All lead teachers shall have the North Carolina Early 
Childhood Credential or its equivalent, and 15^/c of 
the lead teachers shall have; 

(A) At least an A.A.S. degree in early childhood 
education or child development or an A.A.S. 
degree in any major with 12 semester hours 
in early childhood education or child 
development; and 

(B) Two years of full-time verifiable early 
childhood work experience. 

(4) 50'7f of the teachers counted in staff/child ratios 
shall have; 

(A) The North Carolina Early Childhood 
Credential or its equivalent; and 

(B) Four semester hours in early childhood 
education or child development (not 
including North Carolina Early Childhood 
Credential coursework); and 

(C) Two years of full-time verifiable early 
childhood experience. 

(5) For centers with a school-age care component, the 
following requirements shall apply. These 
requirements are iji addition to what is required [n 
Rule .2510 of tfus Subchapter, and may count 
towards meeting education and experience 
requirements in Paragraph (d) of this Rule. 

(A) If tlie administrator does not have at least 900 
hours of verifiable experience working \n a 
licensed child care program serving school- 
age children, he or she shall complete the 
BSAC Training. 

(B) The individual designated as the program 
coordinator as allowed in Rule .2510 of this 
Subchapter shall have at least 900 hours of 
verifiable experience working with school- 
age children [n a licensed child care program 
or supervising the school-age component of a 
licensed child care program and have 
completed at least six semester hours of 
school-age care related coursework; or shall 
have at least 600 hours of verifiable 
experience winking with school-age children 
in a licensed child care program or 
supervising the school -age component of a 
licen.sed child care program and have 
completed at least nine semester hours of 
school-age care related coursework. 

(Cj For centers w ith a school-age care component 
with a licensed capacity of 200 or more 
school-age children, ihcie shall be a second 



160 



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August 2, 1999 



14:3 



PROPOSED RULES 



program coordinainr on site who meels the 
requirements of Rule .2510 at this Suhchupter. 

(D) 75''/( oi the individuals designated as group 
leaders as allowed jji Rule .2510 oi this 
Subchapter shall have at least 600 h(>urs of 
veriliahle experience working with schciol- 

. aged children in a licensed child care program 
and shall have completed at least two semester 
hours oi school-age care related coursework. 

(E) Assistant group leaders shall be at least 18 
years oiagc. 

(e) For centers with a licensed capacity of three to twelve 
children located in a residence, when an individual has 
responsibility both for administering the child care program and 
for planning and implementing the daily activities of a group of 
children, the educational requirements for lead teacher in this 
Rule shall apply. All other teachers shall follow the educatii)nal 
requirements for teachers in this Rule. 

Authoritx G.S. 110-88(7): 110-90(4): I43B-I68.3. 

.281 1 EDUCATION STANDARDS FOR CENTERS 
THAT PROVIDE CARE ONLY TO SCHOOL- 
AGE CHILDREN 

(a) For child care programs that serve school -aged children 
only, the following staff education requirements apply instead 
of those in Rule .2804 oi' lliis Subchapter. 

(b) To achieve two points for education standards for a star 
rating, child caring staff [n the school-age care program shall 
meet the following requirements: 

( 1 ) The administrator shall have a Level I North Carolina 
Early Childhood Administration Credential or its 
equivalent. 

(2) The program coordinator shall have completed at 
least two semester credit hours in child and youth 
development and two semester credit hours in schocil- 
age programming; or ihe North Carolina Early 
Childhood Credential or hs cquixalent and BSAC 
Training or be enrolled in the North Carolina Early 
Childhood Administration Credential or its 
equivalent and BSAC Training; and ha\'e: 

(A) At least 200 hours of \'eri liable experience 
working with school-age children in a licensed 
child care program or supervising the school- 
age component of a licensed child care 
program, or 

(B) At least ,'^00 hours of verifiable experience 
working with school -age children m an 
unlicensed school-age care or camp setting or 
supervising an unlicensed school-age care or 
camp program, or 

(C) Completed or be enrolled in ai least two 
additional semester credit hours of sch(>ol-age 
care related coursework. 

(c) To achieve three points for education standards for a star 
rating, child caring staff in the school-age care program shall 



meet the following requirements. 

( 1 ) The administrator shall have: 

(A) A Level 1 North Carolina Early Childhood 
Administration Credential or its equivalent; 
and 

(B) At least 300 additional hours of verifiable 
experience working in a licensed child care 
program serving school-age children, or 

(C) At least 450 additional hours of verifiable 
experience working in an unlicensed school- 
age care or camp setting. 

(2) The program coordinator shall have completed at 
least two semester credit hours in child and youth 
development and two semester credit hours in 
school-age programming; or the North Carolina 
Early Childhood Credential or its equivalent and 
BSAC Training or the North Carolina Early 
Childhood Administration Credential or its 
equivalent and BSAC Training; and have: 

(A) At least 400 hours of verifiable experience 
working with school-age children in a 
licensed child care program or supervising 
the school-age component of a licensed child 
care program, or 

(B) At least 600 hours of verifiable experience 
working with school-age children in an 
unlicensed school-age care or cainp setting or 
supervising an unlicensed school-age care or 
camp program, or 

(C) Completed at least two additional semester 
credit hours of school-age care related 
coursework. 

(3) Twenty-five percent of group leaders shall have at 
least 100 hours of verifiable experience working 
with school-aged children in a licensed child care 
program, or have at least 150 hours of verifiable 
experience working with school-aged children in an 
unlicensed school-age care or camp setting. 

(d) To achieve four points for education standards for a star 
rating, child caring staff in the school-age care program shall 
meet the following requirements. 

( 1 ) The administrator shall have: 

(A) A Level II North Carolina Early Childhood 
Administration Credential or its equivalent; 
and 

(B) At least 600 additional hours of veriliahle 
experience working in a licensed child care 
program serving school-age children. 

(2) The program coordinator shall have completed at 
least two semester credit hours in child and youth 
development and two semester credit hours in 
school-age programming; or the North Caixilina 
Early Childhood Credential or its equivalent and 
BSAC Training or the North Carolina Early 
Childhood Administration Credential or its 
equivalent and BSAC Training; and have: 



14:3 



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August 2. 1999 



161 



PROPOSED RULES 



(A) At least 900 hours of verifiable experience 
working with school-age children in a licensed 
child care program or supervising the school- 
age component of a licensed child care 
program: and 

(B) Completed at least four additional semester 
credit hours of school-age care related 
coursework. 

(3) Fifty percent of group leaders shall have at least 300 
hours of verifiable experience working with school- 
aged children in a licensed child care program. 

(4) Assistant group leaders shall be at least 1 8 years old. 
(e) To achieve five points for education standards for a star 

rating, child caring staff in the school-age care program shall 
meet the following requirements. 

( 1 ) The administrator shall have: 

(A) A Level III North Carolina Early Childhood 
Administration Credential or its equivalent: 
and 

(B) At least 900 additional hours of verifiable 
experience performing administrative duties in 
a licensed child care program serving school- 
age children. 

(2) The program coordinator shall have completed at 
least two semester credit hours in child and youth 
development and two semester credit hours in school- 
age programming: or the North Carolina Early 
Childhood Credential or its equivalent and BSAC 
Training or the North Carolina Early Childhood 
Administration Credential or its equivalent and 
BSAC Training: and have 

(A) At least 900 hours of verifiable experience 
working with school-age children in a licensed 
child care program or supervising the school- 
age component of a licensed child care 
program and completed at least six additional 
semester credit hours of school-age care 
related coursework: or 

(B) At least 600 hours of verifiable experience 
working with school-age children in a licensed 
child care program or supervising the school- 
age component of a licensed child care 
program and completed at least nine additional 
semester credit hours of school-age care 
related coursework. 

(3) Seventy-five percent of group leaders shall have at 
least 600 hours of experience working with school- 
aged children in a licensed child care program and 
shall have completed at least two semester credit 
hours of school-age care related coursework. 

(4) Assistant group leaders shall be at least 1 8 years old. 

(e) Unless otherwise stated in this Rule, group leaders and 
assistant group leaders shall meet the minimum qualifications 
required in Rule .2510 of this Subchapter, including completion 
of BSAC Training. 

(f) For proiirams with a licensed capacity of 200 or more 



school-age children, there shall be a second program 
coordinator on-site who meets the minimum qualifications 
required in Rule .2510 of this Subchapter. 

AuthorinG.S. 110-88(7); 110-90(4); 110-91; 143B-168.3. 



TITLE ISA - ENVIRONMENT AND NATURAL RESOURCES 

Notice is hereby given in accordance with G.S. 150B-21 .2 
that the Environmental Management Commission intends 
to adopt the rules cited as 15A NCAC 2B .0255-.0261. Notice 
of Rule-making Proceedings was published in the Register on 
June 1, 1999. 

Proposed Effective Date: August 1 , 2000 

A Public Hearing will be conducted at 7:00 p.m. on August 
31. 1999 at the Pitt Count}' Agriculture Center and at 7:00 
p.m. on September 2, 1999 at the Nash Count}- Agriculture 
Center. 

Reason for Proposed Action: In 1989. after several years of 
excessive fish kills in the Pamlico estnan: the NC 
Environmental Management Commission (EMC) designated 
the Tar-Pamlico River basin as "Nutrient Sensitive Waters". 
The EMC initially adopted a nutrient reduction strategy that 
targeted point sources. In 1994. the EMC expanded its focus 
to nonpoint sources, or rainfall runoff-generated pollution 
sources. It adopted a strategy for the basin that called for a 
30 percent reduction in nitrogen inputs from nonpoint sources 
to the estuary, and holding of phosphorus loads at 1991 levels. 
The strategy relied on existing, largely voluntary, programs to 
reduce nitrogen inputs from nonpoint sources to the basin. In 
September 1998, the EMC determined that progress under the 
voluntary approach was unsatisfactory and that mandatory 
actions were needed for timely reduction of NPS nitrogen 
inputs. The EMC approved a rule-making schedule for 
development of mandatory measures to achieve both the 
nitrogen and phosphorus goals. 

Comment Procedures: The purpose of this announcement is 
to encourage those interested in this ndemaking to provide 
written comments. We encourage comments on the draft 
rules. Written comments may be submitted to Rich Gannon, 
DENR, Division of Water Quality. Planning Branch, 1617 
Mail Service Center, Raleigh, NC 27699-1617 through 
October I. 1999. Questions may be directed to Rich Gannon 
at (919) 733-5083 ext. 356, or 
rich_gannon@h2o.enr state. nc. us. 

Fiscal Note: Rules 15A NCAC 2B .0258-. 0259 do affect the 
expenditures or revenues of local government funds and do 
not affect the expenditure or distribution of State fiinds subject 
to the Executive Budget Act, Article 1 of Chapter 143. 



162 



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August 2, 1999 



14:3 



PROPOSED RULES 



Fiscal Note: Rules ISA NCAC 2B .U255-.0257. .0260-.026J do 
not ajfect the expenditure or distribution of State funds subject 
to the Executive Budget Act. Article I of Chapter 143 and do 
not affect the expenditures or revenues of local government 
funds. 

Fiscal Note: Rides I5A NCAC 2B .0255-.0257. ISA NCAC 2B 
.0260-. 0261 have a substantial economic impact of at least five 
million dollars {$5,000,000} in a 12-month period. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2B - SURFACE WATER AND 
WETLAND STANDARDS 

.0255 TAR-PAMLICO RIVER BASIN - NUTRIENT 
SENSITIVE WATERS MANAGEMENT 
STRATEGY: AGRICULTURAL NUTRIENT 
LOADING GOALS 

All persons engagirm jn agricultural ^)perations jn the Tar- 
Pamlico River Basin, including those related to crops, 
horticulture, livestock, and poultr\. shall collectively achieve 
and maintain certain nutrient loading levels. A management 
strategN to achieve this reduction is specified in Rule .02.S6 of 
this Section. These Rules apply to ah li\estock and poultry 
operations, regardless of size, in the Tar-Pamlico Ri\er Basin. 
in addition to requirements set forth in general permits for 
animal operations issued pursuant to OS. 143-2 15. IOC. The 
nutrient loading goals Ui be met h^^ aU persons specified here 
are as follows: 

( 1 ) a 30 percent total nitrogen net loading reduction from 
1991 loading from agriculture to the basin; and 

(2) no net increase in total phosphorus loading over 1991 
levels. 

Authorit)- G.S. 143-214.1: 143-214.7: 143-215. 3la)l 1 ): 143- 
215.6A: 143-215.6B: 143-215.6C. 

.0256 TAR-PAMLICO RIVER BASIN-NUTRIENT 
SENSITIVE W ATERS MANAGEMENT 
STRATEGY: AGRICULTURAL NUTRIENT 
CONTROL STRATEGY 

Ui] PURPOSE. The purpose ot" this Rule is to set forth a 
process by which agricultural operations in the Tar-Pamlico 
River Basin will collectively achieve and maintain a 30 percent 
reduction in nitrogen loading to the Pamlico estuary from 
agricultural activities. This reduction is to be achieved within 
five years of the effective date of this Rule, and is to be 
measured from 1991 loading levels. The purpose of this Rule is 
also for agricultural operations to hold phosphorus loading from 
agricultural activities to 1991 levels within five years. The 
Commission acknowledges that the requirements of this Rule 
do not fully address nitrogen loading from animal operations, 
including atmospheric emissions and deposition of ammonia 
compounds. As information becomes available on nitrogen 
k)ading from animal operations and BMPs to control this 



loading, the Commission may require such BMPs U deems 
necessary to support the purpose of this Rule. 

(h) APPLICABILITY. This Rule shall apply to all persons 
engaging jji agricultural operations in the Tar-Pamlico River 
Basin. Agricultural operations arc activities that relate to the 
producticMi of crops, horticultural products, livestock, and 
poultry. 

ic] OPTIONS FOR MEETING RULE REQUIREMENTS. 
Persons subject to this Rule are provided with twci options for 
meeting the reuuirements of this Rule. Such persons shall be 
responsible for implementing and maintaining the BMPs 
selected per Paragraph [ej or rQ oi this Rule for as long as they 
continue their agricultural ciperation. 

( 1 ) Option i is to sign up for and participate in 
implementing a collective local strategy for 
agricultural nutrient control pursuant to Paragraph 
(e) ivf this Rule This option allows site-specific 
plans to be developed for those operations where 
further nitrogen and phosphorus reduction practices 
are necessary to achieve the collective loads. 

(2) Option 2 is to implement standard BMPs pursuant to 
Paragraph (f) of this Rule. Requirements for the 
BMPs are listed in Paragraphs (g) through (k) of this 
Rule. 

(d] METHOD FOR RULE IMPLEMENTATION. This 
Rule shall be implemented through a cooperative elfcirt 
between the Basin Oversight Committee and Local Advisory 
Committees in each county or watershed. The membership, 
roles and responsibilities oi' these committees are set forth fn 
Paragraphs (1) and (m) of this Rule. 

le] OPTION L PARTICIPATE IN A COLLECTIVE 
LOCAL STRATEGY FOR AGRICULTURAL NUTRIENT 
CONTROL. Persons who choose to participate in the 
collective local strategy for agricultural nutrient control shall 
meet the following requirements. 

( I ) Within one year ol ihe effective date of the Rule, 
persons shall sign up with the Lcical Advisory 
Committee for their county or watershed to 
participate in tfie collective local strategy. Persons 
who do not complete the siiin-up process shall be 
subject to Option 2 set forth in Paragraph tf) of this 
Rule. 



12) 



Persons who choose this option shall sign a plan 
developed for their operation that is satisfactory to 
their Local Advisory Committee per the 
requirements set forth m Subparagraph ( m )( 3 ) of 
this Rule. 



Oi 



111 



A person may withdraw from the local nutrient 
contrcil strategy up until the time that the person 
signs a plan for his operation as described in 
Subparagraph (e)(2) ol' tfiis Rule. Persons who do 
not sign the plan shall be subject to Option 2 
pursuant to Paragraph (f) ol tfns Rule. 
Persons who sign the plan for their operation shall 
be required to implement the plan within five years 
after the effective date of this Rule and to 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



163 



PROPOSED RULES 



permanently maintain the BMPs specified in the plan for as 
lona as the agricultural operation continues. 

(5) Persons who implement a nutrient management plan 

as part of Option i shall have satisfied the 

requirements of the Tar-Pamlico Nutrient 

Management Rule. 15A NCAC 2B .0257. 

(0 OPTION 2: IMPLEMENT STANDARD BEST 

MANAGEMENT PRACTICES (BMPs). Option 2 shall apply 

to the following persons: persons who choose to folk)w this 

option, persons who do not complete the sign-up process for 

Option 1 within one year ot' the effective date of' Um Rule, and 

persons who sign u p for Option 1 but withdraw prior to signing 

the specific plan for their operation. The requirements 

associated with Option 2 are as follows. 

( 1 ) Persons subject to Option 2 shall implement one of 
the following BMP combinations on all lands within 
their operation within four years ot' the effective date 
of this Rule: 



tAi 



iBj 



ICJ 



(D) 



A 30-foot forested riparian area meeting the 
requirements of Paragraphs (g) and (h) of this 
Rule and a 20-foot vegetated riparian area 
meeting the requirements of Paragraphs (g) 
and (i) of this Rule: or 

A 30- foot vegetated riparian area meeting the 
requirements of Paragraphs (g) and {i} of this 
Rule and either water control structures 
meeting the requirements of Paragraph (i) of 
this Rule or a nutrient management plan 
meeting the requirements of Paragraph (k) of 
this Rule: or 

A 20- foot forested riparian area meeting the 
requirements of Paragraphs <g) and (h) of this 
Rule and either water control structures 
meeting the requirements of Paragraph {j} of 
this Rule or a nutrient management plan 
meeting the requireinents of Paragraph (k) of 
this Rule; or 

Water control structures meeting the 
requirements of Paragraph (i) of this Rule and 
a nutrient management plan meeting the 



(£) 



requirements ot" Paragraph (k) of this Rule. 
REQUIREMENTS FOR FORESTED AND 



VEGETATED RIPARIAN AREAS. Forested and vegetated 
riparian areas implemented under either Option 1 or Option 2 
shall meet the following requirements. 

( 1 ) Sheet tlow must be maintained to the maximum 

extent practical through dispersal of concentrated 

tlow and re-establishment of vegetation to maintain 

the effectiveness of the riparian area. 

Concentrated runoff from new ditches or manmade 



01 



ill 



14] 



con\'evances must be dispersed into sheet flow before 

the runoff enters any riparian area. 

Periodic corrective action to restore sheet tlow should 

be taken by the landowner if necessary to impede the 

formation of erosion gullies that allow concentrated 

fiow to bypass treatment in the riparian urea. 

A vegetated riparian area may be substituted for an 



15] 



16] 



equiyalent width of for<. 

feet of tile drainage. 

"Where the riparian area 

an u navoidable loss of 

723.220(01 and the BN 

nutrient management ai 

required only in the firs 

The following practit 

allowed in either tli 

vegetated riparian area: 

(A) Any activities i 

quality standard 

structural or f 

riparian areas. 

Land disturbing 



ited riparian area within 100 

•equirements would result in 
:obacco allotments [(7 CFR 
I Ps of controlled drainage or 
.; not m place, forest cover is 
i 20 feet of the riparian area. 
es and activities are not 
the l. )rested riparian area or the 



hat would result m water 

violations or disrupt the 

■ nctional integrity of the 



IB] 



iC] 



ctivity and placement of fill 
ilSj other than that necessary 
:h) of this Rule. 
t threatens the health and 
egetation including, but not 
: ilication of fertilizer or 
amounts exceeding the 
recommended rate. 



and other materi. 

under Paragraph 

Any activity th, 

function of the } 

limited to. ap 

chemicals in 

manufacturer' 

uncontrolled sec iment sources on adjacent 

lands, and the cr ation of any areas with bare 

soil. 
(7) TTie following waterboc ies and land uses are exempt 

j 'quirements of this Rule: 
nmade conveyances, other 
itural streams, which under 

normal conditio is do not receive drainage 

tributary ditches, canals, or 

the ditch or manmade 

ers runoff directly to waters 

rdance with 15A NCAC 2B 



from the riparian area u ■_ 
(A) Ditches and m. 
than modified n 



(B) Areas 



waters from an\ 
streams, unless 
conveyance deir 
classified in ace 
.0100. 

mapped 



IC] 



as perennial streams, 
intermittent strea ns. lakes, ponds or estuaries 
on the most rec;. iit versions of United States 
Geological Surv-. y. 1 :24.000 scale (7.5 minute 
quadrangle) tof 
perennial or n 
ponds, or estuari' 
Ponds and lakes 



igraphic maps where no 
termittent streams, lakes. 
^ exist on the ground, 
.reated for animal watering. 



^r agricultural uses that are 
tural drainage uav that is 



irrigation, or ou 

not part of a n 

classified in acct rdance with 15A NCAC 2B 

.0100. 



ID] 



"Water dependent structures as defined m 15A 

NCAC 2B .02( 

located, designee 

to provide max. mum nutrient remosal. to 



L provided that they are 
constructed and maintained 



have the least ai 

and habitat and i 

(E) Stream restoratK 



verse effects on aquatic life 
I protect water quality. 
1 projects, scientific studies, 
stream gaugin . water wells, passise 
recreation facilili .^ such as boardwalks, trails, 
pathways, hi- toric preser\ ation and 



164 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



IF] 



archaeoloijical activities, provided that they are 

located, designed, constructed and maintained 

to provide the maximum nutrient removal and 

erosion protection, to ha\e the least ad\erse 

effects on aquatic life and habitat, and to 

protect water quality to maximum extent 

practical through the use of BMPs 

Stream crossings associated with limber 

harvesting, if performed [n acccirdance with 

the Forest Practices Guidelines Related to 

Water Quality (15ANCAC IJ .()201-.0209). 

Ih] SPECIFICATIONS FOR FORESTED RIPARIAN 

AREAS. Forested ri parian areas implemented under either 

Option I or Option 2 shall meet (he following specifications. 

( I ) Forested riparian areas shall be established on all 

sides of surface waters indicated as intermittent 

streams, perennial streams, lakes, ponds and estuaries 

on the most recent versions ot' U.S.G.S. 1 : 24.000 

scale (7.5 minute quadrangle) tt)pographic maps or 

other site-specific evidence. The suriace waters shall 

be within the operation or adjaccnl to H wi(hin the 

distances specified jji Subpara^zraph (f)( I ) of this 

Rule. 



i2j 



ill 



14] 
i3i 



The forested riparian area shall begin at ton of bank 
for inlermittent streams and perennial streams 
without tributaries and shall extend landward the 
applicable distance specified m Subparagraph ( f )( I ) 
of this Rule on aj] sides of the v\ aterbod\ . measured 
horizontally on a line perpendicular to the waterbody. 
For all other waterbodies. the forested riparian area 
shall begin at top of bank or mean high water line and 
shall extend landward the applicable distance 
specified in Subparagraph (f)( 1 ) of this Rule, 
measured horizontally on a line perpendicular to the 
waterbody. 

Forested riparian areas shall be established as 
undisturbed forest. Any forest vegela(i(m that exists 
on the effective date of this Rule in forested riparian 
areas that are established per this Rule must be 
preserved and maintained in accordance with Parts 
(h)(5)(A)-(F) of this Rule. 

The application of fertilizer in forested riparian areas 
established under this Rule is prohibited. 
The following practices and actisities are allowed in 
forested riparian areas established under this Rule. 
(A) Natural regeneration of forest vegetation and 
planting \egetation to enhance the riparian 
area jf disturbance is minimized, pnnided that 
any plantings should priinarih consist of 
locally native trees and shrubs. 
Selecti\e cutting o[ trees pio\'ided that the 
basal area (measured as 1 2-inch diameter 
breast height) remains at or above 60 square 
feet per acre of riparian area. Limited 
mechanized equipment is allowed in this area. 
Hc)rticulture practices to maintain the health of 



m 



ih 



individual trees. 

(D) Removal of individual trees that arc in danger 
of causing damage to dwellings, other 
structures, or the stream channel. 

(E) Removal of dead trees and other timber 
cutting techniques necessary to prevent 
extensive pest or disease infestation if 
recominended by the Director. Division of 
Forest Resources and approved by the 
Director. Division oi Water Quality. 

(F) Timber removal and skidding of trees, as 
allowed under Parts (h)(3)(A) - (h)(5)(E) of 
this Rule shall be directed away from the 
water course or water body. Skidding shall 
be done in a manner to prevent creation of 
ephemeral channels perpendicular to the 
water body. Tree rennwal shall be performed 
in a manner thai does not compromise the 
intended purpose of the riparian area and in 
accordance with the Forest Practices 
Guidelines Related to Water Quality (I5A 
NCAC IJ .()2(}|-.()2()9). 

SPECIFICATIONS FOR VEGETATED RIPARIAN 



tC] 



AREAS. Vegetated riparian areas implemented under either 
Option 1 or Option 2 shall meet the following specifications. 

( 1 ) The vegetated riparian area identified in Part 
(f)( I )(A) of tins Rule shall begin at the outer edge of 
the forested riparian area and shall extend landward 
a minimum of 20 feet as measured horizontally on a 
line perpendicular to llie waterbody. The vegetated 
riparian area identified jji Part (f)( 1 )(B) of this Rule 
shall begin at tlie top of bank for intermittent 
streams and perennial streams without tributaries 
and shall extend landward a minimum of 30 feet on 
each side of ihe waterbody. measured horizontally 
on a line perpendicular to ifie waterbc)dy. For all 
other waterbodies. the vegetated riparian area 
identified m Part (f)( I )(B) ol" this Rule shall begin at 
the top o| bank or llie mean high water line and shall 
extend landward 30 leet. measured horizontally on a 
line perpendicular to the waterbody. 

(2) Vegetation m (Jie vegetated riparian area shall 
consist of a dense grt)und ce)vcr composed of 
herbaceous or wcxidy species, which provides for 
diffusion and infiltration of runoff and filtering of 
pollutants. 

(3) The following practices and actixilies are allowed in 
the \egetated riparian area \n addition to those 
allowed jn the forested riparian area. 

(A) Mowing and removal of plant products such 
as timber, nuts, and fruit on a periodic basis, 
provided the intended purpose of ifie riparian 
area is not compromised hy harvesting, 
disturbance, or loss ot ground cover. 

(B) Managemenl of forest vegetalit)n to minimize 
shading on adjacent land. U' llie water quality 



14:3 



NORTH CAROLINA REGISTER 



August!, 1999 



165 



PROPOSED RULES 



functions of the riparian area are not 



lii 



compromised. 
REQUIREMENTS FOR 



WATER CONTROL 



STRUCTURES. Water control structures impietnented under 
either Option \_ or Option 2 shall meet the following 
requirements. 

(JJ Water control structures shall be operated pursuant to 
a water control structure management plan developed 
according to the standards and specifications adopted 
by the NC Soil and Water Conservation Commission. 
A technical specialist designated pursuant to Rules 
adopted bx the Soil and Water Conservation 
Commission must provide written approval that the 
water management plan meets such standards and 



(2) 



13) 



specifications. If the water management plan is not 
implemented, then a riparian area is required pursuant 
to this Section. 

The water control structures must provide equivalent 
protection and directly affect the land and 
waterbodies draining into the waterbodv subject to 
the riparian area requirements. 
To the maximum extent practical, water control 
structures should be managed to maximize nitrogen 
removal throughout the year. 
ik) REQUIREMENTS FOR NUTRIENT MANAGEMENT 
PLANS. Nutrient management plans implemented under either 
Option 1 or Option 2 shall meet the following requirements. 

(1) Nutrient management plans shall be implemented on 
agricultural land adjacent to riparian areas according 
to the standards and specifications adopted by the NC 
Soil and Water Conservation Commission. A 
technical specialist designated pursuant to Rules 
adopted by the Soil and Water Conservation 
Commission must provide written approval that the 
water manageinent plan meets such standards and 
specifications. 

(2) If the nutrient management plan [s not implemented, 
then a riparian area is re quired pursuant to this 
Section. 

(3) Nutrient management plans must provide equivalent 
protection and directly affect the land and 
waterbodies draining into the waterbody subject to 
the riparian area requirement. 

i4j To the maximum extent practical, nutrient 

management plans should be managed to maximize 

nitrogen removal throughout the year. 

ID BASIN OVERSIGHT COMMITTEE. The Basin 

Oversight Committee shall have the following membership. 

role and responsibilities. 

Oi MEMBERSHIP. The Commission shall delegate to 
the Secretary the responsibility of forming a Basin 
Oversi;jht Committee within two months of the 
effective date of this Rule. Members shall be 
appointed for five-year terms and shall serve at the 
pleasure of the Secretary. Until such time as the 
Commission determines that long-term maintenance 
ot' the nutrient loads is assured, the Secretary shall 



either reappoint members or replace members every 
five years. The Secretary shall solicit one 
nomination for membership on this Committee to 
represent each of tjie following: 

(A) Division of Soil and Water Conservation. 

(B) United States Department of Agriculture- 
Natural Resources Conservation Service 
(shall serve in an "ex-officio" non-voting 
capacity and shall function as a technical 
program advisor to the Committee). 
North Carolina Department of Agriculture 
and Consumer Services. 
North Carolina Cooperative Extension 



(C) 

(F) 
iGi 
iili 



Service, 



Division of Water Quality. 
Environmental interests. 
Agricultural interests, and 
The scientific community with experience 
related to water quality problems in tlie Tar- 
Pamlico River Basin. 
Ill ROLE. The Basin Oversight Committee shall: 

(A) Develop a tracking and accounting 
methodology pursuant to Subparagraph ( 1 )( 3 ) 
of this Rule, and subinit the final version to 
the Commission within one year of the 
effective date of this Rule. 

(B) Demonstrate within 18 months of the 
effective date of this Rule how the nitrogen 
and phosphorus loads can tie met by each 
county or watershed and collectively by 
implementing BMPs. 

(C) Identify and implement future refinements to 
the accountability methodology as needed to 
reflect advances in scientific understanding. 

(D) Appoint a technical advisory committee 
within SIX months of ttie effective date ot' this 
Rule to monitor advances rn scientific 
understanding related to phosphorus loading. 
to evaluate the need for additional 
management action to meet the phosphorus 
load, and to report Us findings to tlie Basin 
Oversight Coinmittee on an annual basis. 
The Basin Oversight Committee shall m turn 
report these findings and its recommendations 
to tfic Commission on an annual basis 
following the effective date of tfus Rule, until 
such time as tfie Commission determines that 
the technical advisory committee has fulfilled 
its purpose. The Basin Oversight Committee 
shall solicit nominations for this committee 
from the Division of Soil and Water 
Conservation. United States Department of 
Agriculture-Natural Resources Conservation 
Service. North Carolina Department of 
Agriculture and Consumer Services. North 
Carolina Cooperative Extension Service. 
Division of Water Quality, environmental 



166 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



interests, agricultural interests, and the 
scientific communit\ with experience related 
to the committee" schart;e. 

(E) Review, approve and summarize county or 
watershed local strategies and present these 
strategies to the Commission for approxal 

. within two years after the elfecii\'e date of this 
Rule. 

(F) Review. appro\e and summarize local nitrogen 
and ph()sphorus loading annual reports and 
present these reports to the Commission each 
October, until such time as the Commission 
determines that annual reports are no longer 
needed to assure long-term maintenance of the 
nutrient loads. 

ti! ACCOUNTABILITY PROCESS. The Basin 

Oversight Committee shall develop an accountability 
process that meeis the following requirements: 



iBi 

mi 



(E) 



IF] 



(Gj 



iH] 



The process shall quantify baseline total 
nitrogen and phosphorus loadings from 
agricultural operations in each county and for 
the entire basin. 

The process shall allocate the calculated 
nitrogen and phosphorus loads for agricultural 
operations to counties or watersheds within the 
Tar-Pamlico basin. 



The process shall include a means of tracking 

implementation of BMPs. including location. 

type, area affected. 

The pn)cess shall include a means of 

estimating incremental nitrogen and 

phosphorus reductions from actual BMP 

implementation and of e\aluating progress 

toward the nutrient loads from BMP 

implementation. 

The process shall allow for future refinements 

to the nutrient baseline loading determinations. 

and to the load reduction accounting 

methodology. 

The process shall provide for quantification of 

changes in nutrient loading due to changes in 

land use, modifications in agricultural activity. 

or quantification of atmospheric nitrogen 

loading. 

The process shall include a method to track 

maintenance of the nutrient net loads after the 

initial five years of this Rule, including 

tracking of changes in BMPs and additional 

BMPs to offset new or increased sources of 

nutrients from agricultural operations. 

A draft accountability process shall be 

submitted to the Commission within six 

months after the effective date of the Rule. 

The final accountability process shall be 

submitted to the Commission for approval 

within one year after the effective date of the 



Rule. If the Commission does not approve 
the final accountability process, the Basin 
0\ersight Committee will ha\c an additional 
three months to revise and resubmit the 
the Commission. If the 

an 



process to 
Commission 



does n(it approve 



accountability process within 15 months of 

the effective date ot" tfns Rule, then the 

CommissK)n may require all agricultural 

operations to follow Option 2 set forth m 

Paragraph (e) of this Rule. 

(m) LOCAL ADVISORY COMMITTEES. The Local 

Ad\isory Committees shall have the f^)lk)Wlng membership. 

roles, and responsibilities. 

(Jj MEMBERSHIP. The Commission shall delegate to 
the Directors of the Di\ision ot' Water Ouality and 
the Divisi_oji of Soil and Water Conservation the 
of 



the (2) 



responsibility 



f(uming Local Advisory 
Committees within twn months of the effective dale 
of this Rule. The Directors shall form Local 



Ad\isory Committees in each county (or watershed 
as specified by the Basin 0\ersight Committee) 
within the Tar-Pamlico Ri\er Basin. Meinbers shall 
serve for terms of five years at the pleasure of the 
En\ironmental Management and Soil and Water 
Conservation Commissicins. Until such time as the 
Coinmission determines that long-term maintenance 
of the nutrient loads is assured, the Directors shall 
reappoint or replace members every five years. The 
Directors shall solicit nominations for membership 
on the Local .^d\isory Committee that represent 
each of the following interests: 
(A) Local Soil and Water Conservation District 
(one). 

Local United States Departinent of 
Agriculture- Natural Resources Conservation 



iBi 



tCj 
ID] 

IE] 
ID 



Service (one). 
Local North 



Carolina Department of 



Agriculture and Consumer Services (one). 
Local North Carolina Cooperati\e Extension 
Service (one). 

Local North Carolina Division of Soil and 
Water C^)nser\'ation (one). 
Local farmers m the cciunty or watershed (at 
least two). 
ROLE. The Local Advisory Committees shall: 

(A) Conduct a sign-up process tor persons 
wishing to voluntarily implement the local 
strategy pursuant to Paragraph (e) of this 
Rule. This sign-up prcK'css shall be 
completed within one year after the effective 
date ol this Rule 

(B) Designate a member agency to compile and 
retain copies oi aj] individual plans produced 
under Paragraph (e) of this Rule. 

(C) Develop local nutrient control strategies for 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



167 



PROPOSED RULES 



atincultural operations, pursuant to Subparagraph ( m )( 3 ) of this 
Rule, to meet the nitrogen and phosphorus loads assigned by 
the Basin Oversight Committee. Those strategies shall be 
submitted to the Basin Oversight Committee no later than 23 
months from the effective date of this Rule. 

(D) Ensure that any changes to the design of the 
local strategy will continue to meet the nutrient 



ill 



lii 



loads of this Rul 



iE] 



(Bi 



Submit annual reports to the Basin Oversight 

Committee, pursuant to Subparagraph (m)(4) 

of this Rule, each May until such time as the 

Commission determines that annual reports are 

no longer needed to assure long-term 

maintenance of the nutrient loads. 

LOCAL NUTRIENT CONTROL STRATEGIES. 

The Local Advisory Committees shall he responsible 

for developing county or watershed nutrient control 

strategies that meet the following requirements. 

(A) Local nutrient control strategies shall be 

designed to achieve the required nitrogen and 

phosphorus loads within five years after the 

effective date of this Rule, and to mamtain 

those reductions in perpetuity or until such 

time as this Rule is revised to modify this 

requirement. 

Local nutrient control strategies shall specify 
the names and locations of aJJ agricultural 
operations within their areas, numbers and 
acres of BMPs that will be implemented by 
enrolled operations, estimated nitrogen and 
phosphorus reductions, schedule for BMP 
implementation, and operation and 
maintenance requirements. 
Local nitrogen control strategies are not 
required to be more stringent than the standard 
BMP option provided that the nutrient loads is 
achieved collectively; however, the Local 
Advisory Committees may develop strategies 
that achieve greater reductions than the 
nutrient loads. 

If the Local Advisory Committee fails to 

develop the local nutrient control strategy, the 

Commission may develop the strategy based 

on the tracking and accounting method 

approved by the Commission. 

ANNUAL REPORTS. The Local Advisory 

Committees shall be responsible for submitting 

annual reports for their counties or watersheds. 

Annual reports shall be submitted to the Basin 

Oversight Committee each May until such time as the 

Commission determines thai annual reports are no 

longer needed to assure long-term maintenance of the 

nutrient loads. Annual reports should include the 

following information on local agricultural 

operations, summarized separately for cropland. 

livestock and poultry acti\'ities: 

(A) Documentation of BMPs implemented 



tC] 



ID] 



(including type, location, and area affected) 
under the local strategy and their costs. 

(B) Documentation of BMPs discontinued under 
the local strategy. 

(C) Changes in land use or agricultural activity 
and any associated increases or decreases in 
nitrogen and phosphorus loading resulting 
from these changes. 

(D) Documentation of success in operation and 
maintenance of BMPs under the local 
strategy. 

(E) Net nitrogen and phosphorus loading changes 
from agricultural operations under the local 
strategy, and progress towards or 
maintenance of tfie nitrogen and phosphorus 
loads. 

(F) Requests for modifications to accounting 
practices or nutrient loads. 

Authorin G.S. 143-214.1: 143-214.7: 143-215.3lall 1 1: 143- 
215.6A: 143-215.6B: 143-215.6C. 

mSl TAR-PAMLICO RIVER BASIN - NUTRIENT 
SENSITIVE WATERS MANAGEMENT 
STRATEGY: NUTRIENT MANAGEMENT 
ALTERNATIVE 1 

(a) PLfRPOSE. The two primary purposes of this Rule are: 
to reduce the nitrogen loading and to maintain the phosphorus 
loading to the Pamlico estuary resulting from fertilizer 
application. Achievement of these objectives will be measured 
based on 1991 loading levels and are lo l^e achieved within 
five vears from the elTective date of this Rule. 
(J2) APPLICABILITY. This Rule shall apply as follows. 
( 1 ) This Rule shall apply to the following persons who 
apply nutrients to their lands: 

(A) Persons who own or manage cropland areas 
that together comprise at least 50 acres that 
have not developed a nutrient management 
plan for their property pursuant to I5A 
NCAC 2B .0256. 

or manage floriculture 
areas and greenhouse 



(B) Persons who own 
areas, ornamental 



productit)n areas that together comprise at 
least 50 acres. 

(C) Persons who own or manage golf courses, 
recreational lands, rights-of-way, or other 
turfgrass areas. 

(D) Persons who own or manage lawn and garden 
areas in residential, commercial, or industrial 
developments except for residential 
landowners who apply fertilizer to their own 
property. 

(2) This Rule shall apply to applicators hired by the 
persons listed in Subparagraph (b)( 1 ) of this Rule. 
Subparagraph tc)(2) oi' this Rule sets forth the 
potential requirements for applicators. 



168 



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August 2, 1999 



14:3 



PROPOSED RULES 



(3) This Rule shall apply to applicators, hired by 
residential landowners, who apply fertilizer to 
residential areas in the Tar-Pamlico basin. 

(4) This Rule shall apply to consultants hired by the 
persons listed in Subparagraph (b)( 1 ) ot' this Rule or 
by applicators. Subparagraph (c)(2) of this Rule sets 
forth the requirements for consultants. 

[£} REQUIREMENTS. Subject persons shall meet the 
following requirements: 

(1) Persons responsible for applying nutrients to their 
own land or land that they manage shall either: 

(A) Attend and successfully complete nutrient 
management training pursuant to Paragraph (d) 
of this Rule, or 

(B) Complete a nutrient management plan for all 
lands to which they apply or manage the 
application of nutrients, pursuant to Paragraph 
(e) of this Rule. 

(2) Persons who hire an applicator to apply nutrients to 
the land that they own or manage shall either: 

(A) Ensure that the applicator they hire has 
attended and successfully completed nutrient 
management training pursuant to 
Subparagraph (d) of thjs Rule, or 

(B) Ensure that the applicator they hire has 
completed a nutrient management plan for the 
land that they own or manage pursuant to 
Paragraph (e) oi' this Rule, or 

(C) Complete a nutrient management plan for the 
land that they own or manage pursuant to 
Paragraph (e) of this Rule and ensure that the 
applicator they hire follows this plan. 

Applicators, hired by residential landowners, who 
apply fertilizer to residential areas in the Tar-Pamlico 
basin shall attend and successfully complete nutrient 
management training pursuant to Paragraph (d) of 
this Rule. 



14] 



(5) Consultants who prepare nutrient management plans 

for persons who own or manage land or who apply 

nutrients to land in the Tar-Pamlico basin shall attend 

and successfully complete nutrient management 

training pursuant to Paragraph (d) of this Rule. 

Id] NUTRIENT MANAGEMENT TRAINING. Persons 

who choose to meet this Rule's requirements by completing 

nutrient management training shall meet the following 

requirements. 

(1) Withm one year from the effectjye date of this Rule. 
the person shall sign uji with the Cooperatiye 
Extension Service or the Division to take the nutrient 
management training. 

(2) Within five years from the effective date of this Rule, 
the person shall obtain a certificate from the 
Cooperative Extension Service or the Division 
verifying completion of training that addresses, at 
minimum, proper management of nitrogen and 
ph(isphorus. 



(3) Persons who fail to sign up or to obtain the nutrient 
management certificate within the required 
timeframes shall be required to develop and 
properly implement nutrient management plans 
pursuant to Paragraph (e) of this Rule. 

(4) Training certificates must be kept on-site or he 
produced within 24 hours of a request by the 
Division. 

te) NUTRIENT MANAGEMENT PLANS. Persons who 
choose to meet this Rule's requirements by completing a 
nutrient management plan shall meet the following 
requirements. 

(] ) Within five years of tlie effective date of lh\s Rule, a 
nutrient management plan that meets the following 
standards shall be developed: 

(A) Nutrient management plans for cropland shall 
meet the standards and specifications adopted 
by the NC Soil and Water Conservation 
Commission. 

(B) Nutrient management plans for application of 
dry poultry litter from animal waste 
management systems invohing 30.000 or 
more birds, as required under G.S. 143- 
215.IOC(f). shall stipulate application of litter 
at agronomic rates for nitrogen. Agronomic 
rates shall be based on realistic yield 
expectations derived from waste nutrient 
content, crop and soil type, or yield records. 

(C) Nutrient management plans for turf grass shall 
follow the North Carolina Cooperative 
Extension Service guidelines in "Water 
Quality and Professional Lawn Care" 
(NCCES publication number WQMM-155). 
"Water Quality and Home Lawn Care" 
(NCCES publication number WQMM-151). 
or guidelines distributed by land-grant 
universities. Copies may be obtained from 
the Division of Water Quality. 512 North 
Salisbury Street. Raleigh. North Carolina 
27626 at no cost. 

(D) Nutrient management plans for nursery crops 
and greenhouse production shall follow the 
Southern Nurserymen's Association 
guidelines promulgated in "Best Management 
Practices Guide For Producing Container- 
Grown Plants" or guidelines distributed by 
land-grant universities. Copies may be 
obtained from the Southern Nurserymen's 
Association. 1000 Johnson Ferry Road. Suite 
E-130. Marietta. GA 30068-2100 al a cost of 
thirty-five dollars ($35.00). The materials 
related to nutrient management plans for 
turf grass, nursery crops and greenhouse 
production are hereby incorporated by 
reference including any subsequent 
amendments and editions and are available 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



169 



PROPOSED RULES 



for inspection at the Department of 
Environment and Natural Resources Library. 
512 North Salisbury Street. Raleigh. North 
Carolina. 

(2) The person who writes the nutrient management plan 
shall have the plan approved m writing by a technical 
specialist. Appropriate technical specialists shall be 
as follows. 

(A) Nutrient management plans for cropland and 
application of dry poultry litter shall be 
approved by a technical specialist designated 
pursuant to rules adt)pted by the Soil and 
Water Conservation Commission. 

(B) Nutrient management plans for turf grass and 
nursery crops and greenhciuse production shall 
be approved by a technical specialist 
designated pursuant to rules adopted by the 
Commission. 

(3) Nutrient management plans and supporting 
documents must be kept on-site or be produced 
within 24 hours oi' a request by the Division. 

(4) The Division shall develop model nutrient 
management plans in consultation with the 
Cooperative Extension Service. The model plans 
shall address both nitrogen and phosphorus, and shall 
address the source oi nutrients, the amount of nutrient 
applied, the placement oi nutrients, and the timing of 
nutrient applications. 

i£[ COMPLIANCE. Persons who fail to comply with this 
Rule are subject to enforcement measures authciri/ed in G.S. 
14.V215.6A (civil penalties), G.S. 143-215.6B (criminal 
penalties), and G.S. 143-215. 6C (injunctive relief). 

ALTERNATIVE 2 

Same as alternative I with the exception of(h)(l), which wouki 

read: 

ibj APPLICABILITY. This Rule shall apply as follows. 

(1) This Rule shall apply io the following persons who 
apply nutrients to their lands: 

(A) Persons who own (ir manage cropland areas 
for commercial purposes that have not 
developed a nutrient management plan for 
their prt)pertv pursuant to 15A NC.^C 2B 
.0256. 

(B) Persons who own or manage commercial 
tloriculture areas, ornamental areas and 
greenhouse production areas. 
Persons who own or manage golf courses, 
recreational lands, rights-of-way, or other 
turfgrass areas. 



tC] 



(D) Pers(Mis who own or manage lawn and garden 
areas in residential, commercial, or industrial 
developments except for residential 
landowners that apply Icrtili/er to their own 
property. 

Authority G.S. 143-214.1: 143-214.7: 143-215. 3(a)( 1): 143- 



215.6A: 143-215.6B: 143-215.6C 

.0258 TAR-PAMLICO RIV K.R BASIN-NUTRIENT 
SENSITIVE WATER ; MANAGEMENT 
STRATEGY: BASIN'AIDE STORMWATER 
REQUIREMENTS 

(a) PLIRPOSE. The purpose ol this Rule is to achieve a 30 
percent reduction hi nutrient loa ling from existing and new 
developments. The purp()sc oi hus Rule [s also to provide 
control for peak Hows hi new dc . elopment to ensure that the 
functions of existing riparian buf ers are not compromised by 
channel erosion. 

lb] APPLICABILITY. Thr Rule shail apply to local 
governments m the Tar-Pamlit o basin according to the 
following criteria. 

(1 ) This Rule shall apply to the following municipal 
areas: 
(A) Greenville: 



12) 



ill 



m 

IC] 
ID) 

IF] 



Henderson; 
Oxford; 
Rocky Mount; 
Tarboro; 
Washington. 



This Rule shall apply t( the following counties: 

(A) Beaufort; 

(B) Edgecombe; | 

(C) Franklin; ! 

(D) Halifax; | 
(El Nash; j 
(F) Pitt. 

Additicinal local goveri ments shall become subject 
to this Rule upon meeli ig the following criteria: 

(A) Active incorpoi ited municipal areas with 
populations r ceeding 5.000 persons 
accordin ij to lie most recent population 
estimates listed m the most recent annual 
publication of Worth Carolina Mwmipal 
Popiiliition.s. Oil ice of State Planning. If a 
municipal area h is only a portion of its area 
within the Tar-F imlico River basin, then the 
percentage of ih i municipality's area within 
the basin shaj'. be multiplied by the 
population estiiri ite; rf the result is less than 
5.000. then the nunicipal area shall not be 
subject to this Ri [e^ 

(B) Counties with p( pulations exceeding 30,000 
persi)ns accordin : to the population estimates 
listed in the niDil recent annual publication 
North CaroUih Municipal Populations. 
Office oi' State V_ anning. li a county has only 
a portion oi Us irea within the Tar-Pamlico 
River basin, ih mi the percentage oi' the 
county's area : ithin the basin shall be 
multiplied by iji' population estimate; ii the 
result is less Ui in 30,000. then the county 
shall not be subu ct to this Rule. 



170 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



icj REQUIREMENTS. All local governments subject to 
this Rule shall develop stormwater management programs for 
submission to and approval by the Commission. The 
stormwater program shall include the following components at 
a minimum: 

( 1 ) A requirement that developers submit a stormwater 
management plan for all new developments proposed 
within their jurisdictions. These stormwater plans 
shall not be approved by the subject local 
governments unless the followhig criteria are met: 

(A) The nitrogen load contributed by the proposed 
new dexelopment activity shall not exceed 4.0 
pounds per acre per year. This is equivalent to 
70 percent oi' the average nitrogen load 
contributed by the non-urban areas in the Tar- 
Pamlico River basin based on 1995 land use 
data. The Commission may periodically 
update the design standard based on the 
a\ailability of new scientific information. 

(B) The phosphorus load contributed by the 
proposed new development activity shall not 
exceed 0.4 pounds per acre per year. This is 
equivalent to the average phosphorus load 
contributed by the non-urban areas in the Tar- 
Pamlico River basin based on 1995 land use 
data. The Commission may periodically 
update the design standard based on the 
availability of new scientific information. 

(C) The new development activity does not result 
JX! a net increase in peak flow leaving the site 
from the predevelopment conditions for the j^ 
year. 24-hour storm. 

A public education program to inform citizens of 
hov> to reduce nutrient pollution and to inform 
developers about the nutrient and tlow control 
requirements set forth in Part (c)(l )(A) oi' this Rule. 
A mapping program that includes major components 
of the municipal separate storm sewer systein. waters 
of the State, land use types, and location of sanitary 
sewers. 

A program to identify and remove illegal discharges. 
A program to identify and prioritize oppt^tunities to 
achieve nutrient reductions from existing de\'eloped 
areas. 

A program to ensure maintenance of BMPs 
implemented as a result of the provisions in 
Subparagraphs (c)( 1 ) and (c)(5) of this Rule. 
A program to ensure enforcement and compliance 
with the provisions in Subparagraph (c)( 1 ) of this 
Rule. 
id) TIMEFRAME FOR IMPLEMENTATION. The 

timeframe for implementing the stormwater management 

program shall be as follows: 

( 1 ) Within 12 months of the effective date of thus Rule, 
the Division shall submit a m()del local stormwater 
program to the Commission for approval. The 



01 



ill 



14] 
15] 



16] 



12] 



Division shall work in cooperation with subject 
local governments in developing this model 
program. 

(2) Within 12 months of the Commission's approval of 
the model local stormwater program or within 12 
months of a local government's later designation 
pursuant to Subparagraph (b)(3) of this Rule, subject 
local governments shall submit their local 
stormwater management prcigrams to the 
Commission for review and approval. These local 
programs shall equal or exceed the requirements in 
Paragraph (c) of thns Rule 

(3) Within 18 months of tfie Commission's approval of 
the model local stormwater program or within 18 
months of a local government's later designation 
pursuant to Subparagraph (b)(3) of tliis Rule, subject 
local governments shall adopt and implement their 
approved local stormwater management program. 

(4) Local governments administering a stc^rmwater 
management program shall submit annual reports to 
the Division documenting their progress and net 
changes to nitrogen load by October 30 of each 
year. 

ie] COMPLIANCE. A local government that fails to 
submit an acceptable local stormwater management program 
within the timeframe established in this Rule or fails to 
implement an approved program shall be in violation of this 
Rule. In this case, the stormwater management requirements 
for its jurisdiction shall be administered through the NPDES 
municipal stormwater permitting program per I5A NCAC 2H 
.0126. Any local government that is subject to an NPDES 
municipal stormwater permit pursuant to this Rule shall: 

(1 ) Develop and implement comprehensive stormwater 
management program to reduce nutrients from both 
existing and new development. This stormwater 
management program shall meet the requirements of 
Paragraph (c) of this Rule for ne^v and existing 
development. 

(2) Be subject to the NPDES permit for at least one 
pennitting cycle (five years) before h is eligible to 
submit a local stormwater management program to 
the Commission for consideration and approval. 

Authority G.S. 143-214.1: 143-214.7; 143-215. 3(a)( 1 ): 143- 
282(d); 143-215.6A: 143-215.6B; I43-215.6C. 

.0259 TAR-PAMLICO RIVER BASIN - NUTRIENT 
SENSITIVE WATERS MANAGEMENT 
STRATEGY: PROTECTION AND 

MAINTENANCE OF RIPARIAN BUFFERS 

The following is the management stalegy for maintaining 
and protecting riparian buffers in the Tar-Pamlico River Basin: 
UJ PURPOSE. The purpose ot' tins Ru]e shall he to 
protect and preserve riparian buffers in the Tar- 
Pamlico River Basin to maintain their nutrient 
removal functions. 



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PROPOSED RULES 



{21 DEFINITIONS. For the purpose oT this Rule, these 

terms shall he defined as follows: 

(a) 'Channel' means a natural water-carrying 
trough cut vertically into low areas oT the land 
surface by erosive action ot concentrated 
llowing water or a ditch or canal excavated for 
the How of water, (current dermitit)n in Forest 
Practice Guidelines Related to Water Quality. 
I5ANCAC II .UIU2) 

(h) 'DBH ' means Diameter at Breast Heiiiht of a 
tree, which is measured at 4_^ feet above 
ground surface level. 

(c) 'Dith or canal" means a man-made channel 
other than a modified natural stream 
constructed for drainage purposes that is 
typically dug through 



natural 
purposes 
inter-stream divide 



areas. A ditch or canal may have tlows thai 
are perennial, intermittent, or ephemeral and 
may exhibit hydrological and biological 
characteristics similar to perennial or 
intermittent streams, 
(d) 'Ephemera l (stormwatcr) stream' means a 
feature that carries only stormwater in direct 
response to precipitation with water flowing 
only during and sht)rtlv after large 
precipitation events. An ephemeral stream 
may or may not have a well-defined channel. 
the aquatic bed is always above the water 
table, and stormwater runoff is the primary 
st)urce of water. An ephemeral stream 
typically lacks the biological, hydrological. 
and physical characteristics commonly 
associated with the continuous or intermittent 
conveyance of water. 

(f) 'Forest plantation" means an area of planted 
trees that may lie conifers (pines) or 
hardwoods. On a plantation, the intended crop 
trees are planted rather than naturally 
regenerated from seed on the site, coppice 
(sprouting), or seed that is blown or carried 
into the site. 

(g) 'High Value Tree' means a tree that meets or 
exceeds the following standards: for pine 
species. 14-inch DBH or greater or 18-inch or 
greater stump diameter: and, for hardwood or 
wetland species. 16-inch DBH or greater or 
24-inch or greater slump diameter. 

(h) "Intemtillent stream" means a well-defined 
channel that contains water for only part of the 
year, typically during wint er and spring when 
the aquatic bed is below the water table. The 
flow may be heavily supplemented by 
stormwater r unoff. An intermittent stream 
ol'ten lacks the bit)logical and hydrological 
characteristics ccnnmonly ass(K'iatcd with the 
continuous coii\cvance of water, 

(jj "Mcidified natural stream' means an on-site 



channelization or relocation of a stream 
channel and subsequent relocation of the 
intermittent or perennial flow as evidenced by 
topographic alterations in tlie immediate 
watershed. A modified natural stream must 
have the typical biological, hydrological. and 
physical characteristics commonly associated 
with the continuous conveyance of water, 
(i) "Perennial stream" means a well-defined 
channel that contains water year round during 
a year of normal rainfall with the aquatic bed 
located below the water table lor most of the 
year. Groundwater is tlie primary source of 
water for a perennial stream, but U also 
carries stormwater runoff. A perennial 
stream exhibits the typical biological, 
hydrological. and physical characteristics 
commonly associated with the continuous 
conveyance of water. 



iki 



ili 



"Peremial waterbody' means a natural or 
man-made basin that stores surface water 
permanently at depths sufficient to preclude 
growth of rooted plants, including lakes, 
ponds, sounds, non-stream estuaries and 
ocean. For the purpt)se oi' the State's riparian 
buffer protectic^n program, the waterbody 
must be part of a natural drainage way (i.e.. 
connected by surface flow to a stream). 
'Stream' means a body of concentrated 
flowing water in a natural low area or natural 
channel on the land surface. 



(m) 'Tree' means a woody plant with a DBH equal 

to or exceeding five inches. 
(3J APPLICABILITY. This Rule shall apply to 50-foot 
wide riparian buffers directly adjacent to surface 
waters in tfie Tar-Pamlico River Basin (intermittent 
streams, perennial streams, lakes, ponds, and 
estuaries), excluding wetlands. The riparian buffers 
protected by this Rule shall be measured pursuant to 
Item (4) of this Paragraph. For the purpose of this 
Rule, a surface water shall be present rf tlie feature 
is approximately shown on either the most recent 
version of tfie soil sur\ev map prepared by the 
Natural Resources Consersation Service of the 
United States Department of Agriculture or the most 
recent version of Ifie 1 :24.()()() scale (7.5 minute) 
quadrangle topographic maps prepared by the 
United States Geologic Survey (IISGS). Riparian 
buffers adjacent to surface waters that do not appear 
on either of the maps shall not fie subject to this 
Rule. Riparian buflers adjacent to surface waters 
that appear on the maps shall fic suhiect to this Rule 
unless one of the following applies. 
ta] EXEMPTION WHEN AN ON-SITE 

DETERMINATION SHOWS THAT 

SURFACE WATERS ARE NOT PRESENT. 

When a landowner or other affected party 



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PROPOSED RULES 



believes that the maps have inaccuratelv 
depicted surface waters, he or she shall consult 
the Division or the appropriate delegated local 
authorily. Upon request, the Division or 
deleiiated local authority shall inakc on-site 
determinations. Any disputes over on-site 
determinations shall be rcterred to the Director 
in writing. A determination of the Director as 
to the accuracy c)r application of the maps is 
subject to review as provided m G.S. 150B. 
Articles 3 and 4^ Surface waters that appear 
on the maps shall not be subject to this Rule if 
an on-site determination shows that thev fall 
into one of the followint; categories. 
tjj Ditches and manmade conveyances 

other than modified natural streams, 
(jj) Manmade ponds and lakes that are 

located outside natural drainage ways, 
(iii) Ephemeral (stormwater) streams. 
tb] EXEMPTION WHEN EXISTING USES ARE 
PRESENT AND ONGOING. This Rule shall 
not apply to portions of the riparian buffer 
where a use is existing and ongomg according 
to the following: 

ill A u^ shall be considered existing if it 
was present within the riparian buffer as 
of August J_j 2(K)t). Existing uses shall 
include, but not be limited to. 
agriculture, buildings, industrial 
faci lities. c o m m e r c i a I areas, 
transportation facilities, maintained 
lawns, utility lutes and cm-site sanitary 
sewage systems. Only the portion of 
the riparian buffer that contains the 
foc)tprint of the existing use is exempt 
from this Rule. Activities necessary to 
maintain uses are allowed provided that 
ru) additional vegetation is removed 
from Zone L existing diffuse How is 



maintained, and surface waters are not 
disturbed. Grading and rcvegetating 
Zone 2 is allowed provided that the 
health oi ilie \egetation m Zone 1 is not 
compromised, the ground is stabilized 
and exislmg diffuse How is mamtained. 
(ii) At the time an existing use is converted 
to another use, this Rule shall apply. 
An existing use shall be considered to 
be ctinverted to anc)ther use if any of the 
following applies: 

(A) Impervious surface is added to 
the riparian buffer in locations 
where U did not exist previously. 

(B) An agricultural operati(in within 
the riparian buffer |s taken out of 
production. 



(C) A lawn within the riparian 
buffer ceases to be maintained. 
14] ZONES OF THE RIPARIAN BUFFER. The 
protected riparian buffer shall have two zones as 
lollows: 



tai 



Zone 1 shall consist of a vegetated area that is 

undisturbed except for uses provided for in 

Item (6) of this Paragraph. The location of 

Zone 1 shall be as lollows: 

(i) For intermittent and perennial streams. 

Zone 1 shall begin at tlie most 

landward limit of tlie top of bank or the 

rooted herbaceous vegetation and 

extend landward a distance of 30 feet 

on aU sides of ihe surface water. 

measured horizontally on a line 

perpendicular to the surface water. 

(ii) For ponds, lakes and reservoirs located 

within a natural drainage way. Zone 1 

shall begin at Uie most landward limit 

of the normal water level or tfie rooted 

herbaceous Ncsjctaticin and extend 

landward a distance of 30 feet. 

measured horizontally on a line 

perpendicular lo Ifie surface water. 

(iii) For surface waters within the 20 

15A 
the 

jurisdiction of tfie Division of Coastal 

Management. Zone \_ shall begin at the 

m()st landward limit of the normal high 

water level, the nc^rmal water level, or 

the landward limit of coastal wetlands 

as de lined by the Division of Coastal 

Management and extend landward a 

distance of 30 feet, measured 

horizontally on a line peipendicular to 

the surface water. 

(b) Zone 2 shall consist ot' a stable, vegetated 

area that is undisturbed except for activities 

and uses provided for in Item (6) of this 

Paragraph. Grading and rcvegetating Zone 2 

is allowed provided that the health of the 

\egetati(in m Zone \_ is not compromised. 

Zone 2 shall begin at Uie outer edge of Zone 1 

and extend landward 20 feet as measured 

horizontally on a line perpendicular to the 

surface water. The combined width of Zones 

i and 2 shall be 50 feet on ah sides of the 

surface water. 



Coastal Counties (defined in 
NCAC 2B .0202) within 



151 



DIFFUSE FLOW REQUIREMENT. Diffuse How 
oi' runoff shall fie mainlained m ifie riparian buffer 
by dispersing concentrated tlow and reestablishing 
vegetation. 

(a) Concentrated runoff from new ditches or 
manmade conveyances shall l^e converted to 



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173 



PROPOSED RULES 



diffuse flow befcirc the runoff enters the riparian buffer. 

(b) Periodic corrective action to restt)re diffuse 

How shall be taken if necessary to impede the 

formation of erosion guMies. 

t6i TABLE OF USES. The following chart sets out the 

uses and their designation under this Rule as 



m 



allowable, allowable with mitigation, or prohibited. 
The requirements for each category are given in 
I t e in 



(7) of this Paragraph. 





Exempt 


Allowable 


Allowable 

with 
Mitigation 


Prohibited 


Airport facilities: 

• Airport facihties that impact equal to or less than 1 30 
linear feel or one-third of an acre of riparian buffer 

• Airport facilities that impact greater than 1 50 linear feet 
or one-third of an acre of riparian buffer 




X 


X 




Archaeological activities 


X 








Bridges 




X 






Dam maintenance activities 


X 








Drainage ditches, roadside ditches and stormwater outfalls 


X 


X 




X 
X 


through riparian buffers; 

• Existing drainage ditches, roadside ditches, and 
stormwater outfalls provided that they are managed to 
minimize the sediment, nutrients and other pollution that 
con\ ey to waterbodies 

• New drainage ditches, roadside ditches and stt)rinwater 
outfalls provided that a stormwater management facility 
is installed to control nitrogen and attenuate How before 
the conveyance discharges through the riparian buffer 

• New drainage ditches, roadside ditches and stormwater 
outfalls that do not provide control for nitrogen before 
discharging through the riparian buffer 

• Excavation of the streambed in order to bring it to the 
same elevation as the invert of a ditch 


Drainage of a pond in a natural drainage way pro\ ided that 
a new riparian buffer that meets the requirements of Items 
(4) and (5) is established adjacent to the new channel 


X 








Driveway crossings: 

• Driveway crossings on single family residential lots that 
disturb equal to or less than 25 linear feet or 2,500 
square feet of riparian buffer 

• Driveway crossings on single family residential lots that 
disturb greater than 25 linear feet or 2.500 square feet of 
riparian buffer 

• In a subdivision that cumulatively disturb equal to or 
less than 1 50 linear feet or one-third of an acre of 
riparian buffer 

• In a subdivision that cumulatively disturb greater than 
150 linear feet or one-third of an acre or riparian buffer 


X 


X 
X 


X 




Fences pro\ ided thai disturbance is minimized and 
inslallalion does not result in remcnal of forest \egetation 


X 









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Forest harvesting - see Item ( 1 1) of this Rule 










Fertilizer application: 

• One-time fertilizer application to establish replanted 
vefietation 

• Oniioinc fertilizer application 


X 






X 


Gradine and reveaetation in Zone 2 onlv provided that 
diffuse How and the health of existing: vegetation in Zone 1 
is not compromised and disturbed areas are stabilized 


X 








Greenwav trails 




X 






Historic preservation 


X 








Landfills 








X 


Minins activities: 

• Minins activities that are covered by the Mining Act 
provided that new riparian buffers that meet the 
requirements of Items (4) and (3) are established 
adjacent to the relocated channels 

• Minins; activities that are not covered by the Minins Act 
OR where new riparian buffers that meet the 
requirements or Items (4) and (5) are not established 
adjacent to the relocated channels 




X 


X 




Non-electric utility lines: 

• Impacts other than perpendicular crossinss in Zone 2 
only 

• Impacts other than perpendicular crossings in Zone 1 

• Perpendicular crossings that disturb equal to or less than 
40 linear feet of riparian buffer 

• Perpendicular crossings that disturb greater than 40 
linear feel but equal to or less than 150 linear feet of 
riparian buffer 

• Perpendicular crossings that disturb greater than 150 
linear feel of riparian buffer 


X 


X 
X 


X 
X 




On-site sanitary sewage systems - new ones that use 
ground absorption 








X 


Overhead electric utility lines: 

• Impacts other than perpendicular crossings in Zone 2 
only 

• Impacts other than perpendicular crossings in Zone 1 — 

• Perpendicular crossings that disturb equal to or less than 
1 50 linear feet of riparian buffer - 

• Perpendicular crossings that disturb greater than 150 
linear feet of riparian buffer - = 


X 

X 
X 


X 






Periodic maintenance of modified natural streams such as 
canals and a grassed travelwav on one side of the surface 
water when alternative forms of maintenance access are 
not practical 




X 







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175 



PROPOSED RULES 



Playground equipment: 

• Playground equipment on sint:le family lots provided 
that installation and use does not result in removal of 
vegetation 

• Playground equipment installed on lands other than 
single-family lots or that requires remo\al of vegetation 



X 



' Provided that, in Zone L aJJ of the following BMPs for overhead utility lines are used. If aU of these BMPs are not used, then the 
overhead utility lines shall require a no practieal alternatives evaluation hy the Division. 

• A minimum /one of 10 feet wide immediately adiaeent to the water body shall be managed such tha only vegetation that poses a 
hazard or has the potential to izrow tall enough to interfere with the line is removed. 

• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. 

• Vegetative root systeins shall be left intact to maintain the integrity of the soil. Stumps shall remaii where trees are cut. 

• Rip rap shall not be used unless it is necessary to stabilize a tower. 

• No fertilizer shall be used other than a one-time application to re-establish vegetation. 

• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbs i area, and the time m which 
areas remain in a disturbed state. 

• Active measures shall be taken after construction and during routine maintenance to ensure diffuse How of stormwater through 
the buffer. 

• In wetlands, mats shall be utilized to minimize soil disturbance. ; 

^ Provided that poles or towers shall not be installed within K) feet oi' a water body unless the Divi' on completes a no practical 
alternatives evaluation. 





Exempt 


Allowable 


Allowable Prohibited 

with 

Mitigation 


Ponds in natural drainage ways: 

• New ponds provided that a riparian buffer that meets the 
requirements of Items (4) and (?) is established adiaeent 
to the pond 

• New ponds where a riparian buffer that meets the 
requirements of Items (4) and (5) is NOT established 
adiaeent to the pond 




X 


X ■ 


Ponds in natural drainage ways: 

• New ponds provided that a riparian buffer that meets the 
requirements of Items (4) and (5) is established adiaeent 
to the pond 

• New ponds where a riparian buffer that meets the 
requirements of Items (4) and (5) is NOT established 
adjacent to the pond 




X 


X 


Protection of existing structures and facilities when this 
requires additional disturbance of the riparian buffer or the 




X 


1 


stream channel 


Railroad crossings: 

• Railroad crossings that impact equal to or less than 1 .?() 
linear feet or one-third of an acre of riparian buffer 

• Railroad crossings that impact greater than l.?() linear 
feet or one-third of an acre of riparian buffer 




X 


X 


Removal of previous fill or debris provided that diffuse 
How is maintained and any \egetation remo\ ed is restored 


X 







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Road crossinizs: 

• Riiad cuissintis that impact equal to or less than 150 
linear feet or one-third ot^ an acre of riparian buffer 

• Road crossings thai impact sjreater than 150 linear feet 
or one-third of an acre of riparian buffer 




X 


X 




Scientific studies and stream caucinc 


X 








Stormwater inanaiicmenl ponds: 

• New stormwater manaoeinent ponds provided that a 
riparian buffer that meets the requirements of Items (4) 
and (5) is established adiacent to the pond 

• New stormwater manasjement ponds where a riparian 
buffer that irieets the requirements of Items (4) and (5) is 
NOT established adiacent to the pond 




X 


X 




Stream restoration 


X 








Strcainbank stabilization 




X 






Temporary roads: 

• Temporary roads that disturb less than or equal to 2,500 
square feet prin ided that vegetation is restored within 
six months 

• Temporary roads that disturb greater than 2.500 square 
feet provided that vegetation is restored within six 
months 


X 


X 






Temporary sediment and erosion control devices: 

• In Zone 2 onl\ provided that the \et:etation in Zone 1 is 
not compromised and that dischartie is released as 
diffuse flow in accordance with Item (5) 

• In Zones 1 and 2 to control impacts associated v\ ith uses 
approved bv the Di\ision or that ha\e received a 
variance provided that sediment and erosion control for 
upland areas is addressed to the inaximum extent 
practical outside the buffer 

• In-stream teinporarv erosion and sediment control 
measures for work within a stream channel 


X 
X 


X 






Underground electric utility lines: 

• Iinpacts other than perpendicular crossintis in Zone 2 
only 

• Impacts other than perpendicular crossings in Zone 1 ' 

• Perpendicular crossings that disturb less than or equal to 
40 linear feet of riparian buffer' 

• Perpendicular crossinizs that disturb trreater than 40 
linear feet of riparian buffer 


X 

X 
X 


X 







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177 



PROPOSED RULES 



Vegetation management: 

• Emergency fire control measures provided that 
Icipographv is restored 

• Periodic mowing and harvesting of plant products in 
Zone 2 only 

• Planting vegetation to enhance the riparian buffer 

• Pruning forest vegetation provided that the health and 
function of the I'orest vegetation is not compromised 

• Removal ot' individual trees which arc in danger of 
causing damage to dwellings, other structures or human 
life 

• Removal of poison ivy 

• Removal of underslory nuisance vegetation as defined 
in: 

Smith. Cherri L. 1998. Exotic Plant Guidelines. 
Department ot' Environment and Natural Resources. 
Division of Parks and Recreation. Raleigh. NC. 
Guideline #30 



X 

X 

X 
X 

X 



X 
X 



Provided that, in Zone _[_, al] of the following BMPs for underground utility lines are used. It" all 2l these BMPs are not used, then 
the underground utility line shall require a no practical alternatives evaluation by the Division. 

• Woody vegetation shall be cleared by hand. No land grubbing or grading is allowed. 

• Vegetative root systems shall be left intact to maintain the integrity of the soil. Stumps shall remain, except in the trench, where 
trees are cut. 

• Underground cables shall be installed by vibratory plow or trenching. 

• The trench shall be backfilled with the excavated soil material immediately following cable installation. 

• No fertilizer shall be used other than a one-time application to re-establish vegetation. 

• Construction activities shall minimize the removal of woody vegetation, the extent of the disturbed area, and the time in which 
areas remain in a disturbed state. 



Active measures shall be taken after construction and during routine maintenance to ensure diffuse flow of stormwater through 
the buffer. 



In wetlands, mats shall be utilized to minimize soil disturbance. 



Water dependent structures as defined in 15A NCAC 2B 




X 






.0202 










Water supply reservoirs: 










• New reservoirs provided that a riparian buffer that meets 




X 






the requirements of Items (4) and (5) is established 










adiacent to the reservoir 










• New reservoirs where a riparian buffer that meets the 






X 




requirements of Items (4) and (5) is NOT established 










adiacent to the reservoir 










Water wells 


X 








Wetland restoration 


X 









01 REQUIREMENTS FOR CATEGORIES OF USES. 

Uses designated as exempt, allowable, allowable 

with mitigation and prohibited in Item (6) of this 

Paragraph shall have the following requirements: 

(a) EXEMPT. Uses designated as exempt are 

allowed within the riparian buffer. Exempt 

uses shall be designed, constructed and 

maintained to minimize soil disturbance and 

to provide the maximum water quality 



protection practicable. In addition, exempt 
uses shall meet requirements listed in Item (6) 
of this Paragraph for the specific use. 
[b] ALLOWABLE. Uses designated as allowable 
may proceed within the riparian buffer 
provided that there are no practical 
altemati\'es to the requested use pursuant to 
Item (8) of this Paragraph. These uses require 
written authorization from the Division or the 



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PROPOSED RULES 



delegated local authority. 
ALLOWABLE WITH MITIGATION. 



Uses 



designated as allowahle v\'ith mitigation ma 



ic] 



proceed within the riparian hulTer provided 

that there are no practical alternatives to the 

requested use pursuant to Item (8) of this 

Paragraph and an appropriate mitigation 

strategy has been approved pursuant to Item 

(10) of this Paragraph. These uses require 

written authorization from the Di\ision or the 

delegated local authority. 

(dj PROHIBITED. Uses designated as prohihiled 

may not proceed within the riparian buffer 

unless a variance is granted pursuant to Item 

(9) of this Paragraph. 

(8) DETERMINATION OF i^iO PRACTICAL 

ALTERNATIVES." Persons who wish to undertake 

uses designated as allowable or allowable with 

mitigation shall submit a request for a jio practical 

alternatives" determination to the Division or to the 

delegated local authority. The applicant shall certify 

that the criteria identified m Sub-Item (S)(a) ol this 

Paragraph are met. The Di\ision or the delegated 

local authority shall grant an Authorization 

Certificate upon a "no practical altemati\'es" 

determination. The procedure for making an 

Authorization Certificate shall be as follows: 

(a) For any request for an Authorization 
Certificate, the Di\ision or the delegated local 
authority shall review the entire project and 
make a finding of fact as to whether the 
following requirements have been met in 
support of a "no practical alternatives" 
determination: 

(i) The basic project purpose cannot be 
practically accomplished in a manner 
that would better minimize disturbance, 
preserve aquatic life and habitat, and 
protect water quality. 

(ii) The use cannot practically he reduced 
in size or density, reconfigured or 
redesigned to better minimize 
disturbance, preserve aquatic life and 
habitat, and protect water quality. 

(iii) Best management practices will be used 
if necessary to minimize disturbance- 
preserve aquatic life and habitat, and 
protect water quality. 

(b) Requests for an .Authorization Certificate shall 
be reviewed and either approved or denied 
within 60 days of receipt of a complete 
submission based on the criteria [n Sub-Item 
(8)(a) ol' this Paragraph by either the Division 
or the delegated kical authority. Failure to 
issue an approval or denial within 60 days 
shall constitute that the applicant has 



demonstrated "no practical alternatives" The 
Division or the delegated local authority may 
attach conditions to the Authorization 
Certificate that support the purpose, spirit and 
intent of the riparian buffer protection 
program. Complete submissions shall include 
the following: 
til The name, address and phone number 

of the applicant: 
(ii) The nature of the activity to be 

conducted by the applicant; 
(iii) The location of the activity, including 

the jurisdiction: 

(iv) A map ol' sufficient detail U) accurately 

delineate the boundaries ol the land to 

be utilized in carrying out the activity. 

the location and dimensions of any 

disturbance vn riparian buffers 

associated with the activity, and the 

extent of riparian buffers on the land; 

(v) An explanation of why this plan for the 

activity cannot be practically 

accomplished, reduced or reconfigured 

to better minimize disturbance to the 

riparian buffer, preserve aquatic life 

and habitat and protect water quality; 

and 

(vi) Plans for any best management 

practices proposed to be used to control 

the impacts assc'ciated with the activity. 

(c) Any disputes over determinations regarding 

Authorization Certificates shall be referred to 

the Directcir for a decision. The Director's 

decision [s subject to review as provided m 

GS. 1 508. .Articles 3 and 4. 

(9) VARIANCES. Persons who wish to undertake uses 

designated as prohibited have the option of pursuin" 

a variance. The Division or the appropriate 

delegated local authority may fjrant minor \ariances. 

The variance request procedure shall be as follows: 

(a) Ft)r any variance request, the Division or the 

delegated local authority shall make a finding 

of fact as to whether the following 

requirements have been met: 

(i) There are practical difficulties or 

unnecessary hardships that prevent 

compliance with the strict letter of the 

riparian buffer protection requirements; 

The variance is in harmony with the 

general purpose and intent ol the State's 

riparian buffer protection requirements 

and preserves its spirit; and 

In granting the variance, the public 

safety and welfare have been assured 

water quality has been protected, and 

substantial justice has been done. 



til) 



(111) 



14:3 



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179 



PROPOSED RULES 



tb] MINOR VARIANCES. A minor variance 
request pertains to activities that are proposed 
only to impact any portion of Zone 2 oT the 
riparian hulter. Minor variance requests shall 
he re\iewed and approved based on the 
criteria in Suh-Item (9)(a) of this Paragraph by 
the either the Division or the delegated local 
authority pursuant to G.S. 153A-Article 18. or 



(£} 



G.S, 16()A- Article 19. 



The Division or the 
attach 



delegated local authority ma 
conditions to the variance approval that 
support the purpose, spirit and intent oi the 
riparian buffer protection program. Requests 
for appeals of decisions made by the Division 
shall be made to the Office of Administrative 
Hearings. Request for appeals made by the 
delegated local authority shall be made to the 
appropriate Board of Adjustment under G.S. 
160A-388 or G.S. 1 53 A-345. 
MAJOR VARIANCES. A major variance 
request pertains to activities that are proposed 
to impact any portion oi' Zone i or any portion 
of both Zones 1 and 2 of the riparian buffer. 
If the Division or the delegated local authority 
has determined that a rnaior variance request 
meets the requirements in Sub-Item (9)(a) of 
this Paragraph, then h shall prepare a 
preliminary finding and submit [t to the 
Commission. Preliminary findings on major 
variance requests shall be reviewed by the 
Commission within 90 days after receipt by 
the Director. Requests for appeals of 
detenninations that the requirements oi Sub- 
Item (9)(a) of this Paragraph have not been 
met shall be made to the Office of 
Administrative Hearings for determinations 
made by the Division or the appropriate Board 
of Adjustments under G.S. 160-38S or_ G.S. 
153A-345 for determinations made by the 
delegated local authority. The purpose of the 
Commission's review is to determine if U 
agrees that the requirements in Sub-Item 
(9)(a) of this Paragraph have been met. 
Requests for appeals of decisions made by the 
Commission shall be made to the Office of 
Administrative Hearings. The following 
actions shall be taken depending on the 
Commission's decision on the major variance 
request: 
(i) Upon the Commission's appro\al. the 
Division or the delegated local 
authority shall issue a final decision 
granting the major variance. 
(ii) Upon the Commission's approval with 
conditions or stipulations, the Di\isio n 
or the delegated local authority shall 
issue a final decision, which includes 



these conditions or stipulations, 
(iii) Upon the Commission's denial, the 
Division or the delegated local 
authority shall issue a final decision 
denying the major variance. 

(10) MITIGATION. Persons who wish to undertake uses 
designated as allowable with mitigation shall meet 
the following requirements in order to proceed with 
their proposed use. 

(a) Obtain a determination of "no practical 
alternatives" to the proposed use pursuant to 
Item (8) oi' this Paragraph. 

(b) Obtain approval for a mitigation proposal 
pursuant to 1 5 A NCAC 2B .0260. 

(11) REQUIREMENTS SPECIFIC TO FOREST 
HARVESTING. The following requirements shall 
apply for forest harvesting operations and practices, 
(a) The followint; measures shall apply in the 

entire riparian buffer: 

ii] Logging decks and sawmill sites shall 
not be placed in the riparian buffer. 

(ii) Access roads and skid trails shall be 
prohibited except for temporary and 
pennanent stream crossings established 
in accordance with ISA NCAC JJ 
.0203. Temporary stream crossings 



(iii) 
(iv) 



iv] 



shall be pennanently stabilized after 
any site disturbing acti\ity is 
completed. 

Timber felling shall bie directed away 
from the stream or water body. 
Skidding shall be directed away from 
the stream or water body and shall be 
done in a manner that minimizes soil 
disturbance and prevents the creation of 
channels or ruts. 

Individual trees may be treated io 
maintain or improve their health, form 
or vigor. 
(\i) Harvesting of dead or infected trees or 
application of pesticides necessary to 
prevent or control extensive tree pest 
and disease infestation shall be 
allowed. These practices must be 
apprcned by the Division oi' Forest 
Resources for a specific site. The 
Division of Forest Resources must 
notify the Division of aU approvals. 
Removal of individual trees that are in 
danger of causing damage to structures 



or human life shall be allowed. 



(viii) Natural regeneration 



ot 



forest 



vegetation and planting oi' trees, shrubs. 
or ground cover plants to enhance the 
riparian buffer shall be allowed 
pro\ided that soil disturbance is 
minimized. Plantings shall consist 



180 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 





primarilv of native species. 








as possible. 


(ix) 


Hi^h 


intensitv prescribed burns shall 






(C) 


In Zone 2. harvesting and 




not be allowed. 








regeneration of the forest stand 


ix) 


Aoplication of fertilizer shall not be 








shall be allowed provided that 




allow 


ed except as necessary for 








sufficient ground cover is 




permanent stabilization. Broadcast 








maintained to provide for 




apphcation of fertilizer or herbicides to 








diffusion and infiltration of 




the adiacent forest stand shall be 








surface runoff. 




conducted so that the chemicals are not 


12) REQUIREMENTS SPECIFIC TO LOCAL 




applii 


'd directly to or allowed \o drift 


GOVERNMENTS WITH STORMWATER 




into the riparian buffer. 


PROGRAMS FOR NITROGEN CONTROL. Local 


(b) In Zone 1, forest vetielation shall be protected 


eovemments that are required to have local 


and maintained. Selecti\e harvest as provided 


stonnwater 


programs pursuant to 15A NCAC 2B 


for below is allowed on forest lands that have 


.0258 shall have two options for ensuring protection 


a det 


erment 


for use value under forestry in 


of L 


parian 


^uffers on new developments withm their 


accordance 


ivithG.S. 105-277.2 throuiih 105- 


jurisdictions as follows. 


277.6 


or or 


forest lands that have a forest 


ia] 


Obta 


in authority to implement a local riparian 


mana 


sement plan prepared or approved by a 




buffer protection proiiram pursuant to 15A 


resistered professional forester. Copies of 




NCAC 2B 


0261. 


either the appro\al of the deferment for use 


tbJ 


Refrain from issuins: local approvals for new 


value under 


forestry or the forest manacement 




deve 


lopment projects unless either: 


plan shall be 


produced upon request. For such 




Ui 


The 


person requeslinsi the approval 


fores 


lands 


. selective harvest is allowed in 






does 


not propose to impact the riparian 


accordance with the followinti: 






buffer of a surface water that appears 


ii] 


Track 


ed or wheeled vehicles are not 






on either the most recent versions of the 




permi 


tted except at stream crossinss 






soil 


survey maps prepared by the 




desis 


led, constructed and maintained 






Natural Resources Ci)nservation 




in accordance with 15A NCAC 11 






Service of the United States 




.0203 








Department of Agriculture or the most 


iiii 


Soil 


dislurbinsi site preparation 






recent versions ot the 1:24.000 scale 




activities are not allowed. 






(7.5 


minute quadrangle) topographic 


(lii) 


Trees 


shall be remo\ed with the 






map!' 


prepared by the United States 




minimum disturbance to the soil and 






Geol 


ogic Survey (USGS). 




residual venetation. 




tiU 


The 


person requesting the approval 


iM 


The t 


ollowinti provisions for selective 






proposes to impact the riparian buffer 




harve 


siinii shall be met: 






of a 


surface water that appears on the 




(A) 


The first 10 feet of Zone 1 
directly adiacent to the stream or 
waterbody shall be undisturbed 
except for the remcnal of 
individual hish value trees as 
defined provided that no trees 
with exposed primary roots 
visible in the streambank be cut. 






maps 
ofth 

(A) 

(B) 


described in Sub-Item (12)(b)(i) 
s Paragraph and either: 
Has received an on-site 
determination from the Division 
pursuant to Sub-Item (3)(a) of 
this Paragraph that surface 
waters are not present; 
Has received an Authorization 




(B) 


In the outer 20 feet ot Zone 1 , a 
ma.ximum of 50 percent of the 
trees tireater than fi\e inches dbh 
may be cut and remo\ed. The 
reentry time for harvest shall be 
no more frequent than every 15 
years, except on forest 
plantations where the reentry 
time shall be no more frequent 
than every five years. In either 
case, the trees remainini; after 
harvest shall be as evenly spaced 






(C) 


Certificate from the Division 
pursuant to Item (8) of this 
Paragraph for uses designated as 
Allowable under this Rule: 
Has received an Authorization 
Certificate from the Division 
pursuant to Item (8) ol this 
Paragraph and obtained the 
Division's approval (m a 
mitigation plan pursuant to Item 
(10) of this Paragraph for uses 
designated as Allowable with 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



181 



PROPOSED RULES 



Mitigation under this Rule: or 
(D) Has received a varianee from the 

Commission pursuant to Item (9) 

of this Paragraph. 
OTHER LAWS. REGULATIONS AND PERMITS. 
In ail eases, compliance with this Rule does not 
preclude the requirement to cornply with all federal, 
state and local regulations and laws. 



Authority G.S. 143-214.1; 143-214.7: 143-215. 3{a){l): 143- 
215.6A; 143-215.6B: 143-215.6C. 

.0260 TAR-PAMLICO RIVER BASIN - NUTRIENT 
SENSITIVE WATERS MANAGEMENT 
STRATEGY: MITIGATION PROGRAM FOR 
PROTECTION AND MAINTENANCE OF 
RIPARIAN BUFFERS 
The following are the requirements for the Riparian Buffer 
Mitigation Program lor the Tar-Pamlico Basin: 

lii PURPOSE. The purpose of this Rule is to set forth 
the mitigation requirements that apply to the Tar- 
Pamlico Basin riparian huffer protection program, as 
described in Rule 15A NCAC 2B .0259. 
ill APPLICABILITY. This Rule applies to persons 
who wish to impact a riparian buffer in the Tar- 
Pamlico Basin when one of the following applies: 

(a) A person has received an Authorization 
Certificate pursuant to 15A NCAC 2B .0259 
for a proposed use that is designated as 
"allowable with mitigation." 

(b) A person has received a variance pursuant to 
15A NCAC 2B .0259 and is required to 
perform mitigation as a condition of a 
variance approval. 

(3) THE AREA OF MITIGATION. The required area 
of mitigation shall be determined by either the 
Division or the delegated local authority according; to 
the following: 

(a) The impacts in square feet to each zone of the 
riparian buffer shall be determined by the 
Division or the delegated local authority by 
adding the following: 

(i) The area of the footprint of the use 
causing the impact to the riparian 
buffer, 
(ii) The area of the boundary of any 
clearing and grading activities within 
the riparian buffer necessary to 
accommodate the use, 
(iii) The area of' any ongoing maintenance 
corridors within the riparian buffer 
associated with the use, 
(h) The required area of mitigation shall be 
determined by applying the following 
multipliers to the impacts determined in Sub- 
item (3)(a) of this Paragraph to each zone of 



15] 



(61 



m 



the riparian buffe 

ill Impacts to 

shall be mi 



Iii) 



(iii) 



Impacts to 
shall be mi 
Impacts to 
2 of the nj 
to mitigat 



Zone 1 of the r 


parian 


buffer 


Itiplied by 3. 
Lont 2 of the r 


parian 


buffer 


iltiplied by 1.5. 


1 Zones 




wetlands withii 


1 and 



l arian buffer that are subject 

_3n under I5A NCAC 2H 

.0506 shal comply with the mitigation 
ratios in If A NCAC 2H .0506. 
ill THE LOCATION W MITIGATION. The 

located the same distance 



mitigation effort shall b 
from the Pamlico Ri\i. 
impact, or closer to the ; 

ISSUANCE OF 

DETERMINATION. Tne Division or the delegated 

local authority shall issi 

that specifies the regi 

mitigation pursuant to Items (3) and (4) of this 

Paragraph. 

OPTIONS FOR MEETING THE MITIGATION 

DETERMINATION. The mitigation determination 



estuary as the proposed 
S stuary than the impact. 
THE MITIGATION 



; a mitigation determination 
ired area and location of 



made pursuant to Item > 

met through one of the ] 

(a) Payment of a coi 

the Riparian Bull 

to Item (7) of thi^ 

Donation of real 



tbi 



i£j 



5l of this Paragraph may be 
lUowing options: 
npensatorv mitigation fee to 
:r Restoration Fund pursuant 
Paragraph. 

property or of an interest in 
suant to Item (8) of this 



real property jx: 

Paragraph. 

Restoration or > nhancement of a riparian 

buffer that is m 

protected. This 

applicant after > 

restoration plan 



t otherwise required to be 

: TaU be accomplished by the 

ibmittal and approval of a 

lursuant to Item (9) of' this 



Paragraph. 
PAYMENT TO 



TF 



RESTORATION FUN I 

satisfy their mitigation 

compensatory mitigatio 

Restoration Fund sf 

requirements: ! 

ia] SCHEDULE Ol 

payment into the 

multiplying the 

mitigation detci 



Item (5) of this f 
($0.96) p er squai 
six hundred twei 



E RIPARIAN BUFFER 
X Persons who choose to 
determination by paying a 
1 fee to Uie Riparian Buffer 
all meet the following 

FEES: The amount of 
"und shall be determined by 
acres or square feet of 
lination made pursuant to 
ara graph by ninety six cents 
J foot or forty one thousand 
■[y_ five cents ( $4 1 .625 ) per 



acre. 



ibl 



shall be submitted to the 
■'ater Ouality. Wetlands 



The required fee 

Division of \ 

Restoration Progi im. PO Box 29535. Raleigh. 

NC 27626-0535 prior to any activity that 

results in the rei loval or degradation of the 

protected riparia i buffer for which a "no 

practical alternati .-es" determination has been 



J82 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



made. 

(c) The payment of a compensatory mitigation fee 
may be fully or partially satisfied by donation 
of real property interests pursuant to Item (8) 
of this Paragraph. 

(d) The fee outlined iji Sub-item (7)(a) of this 
Paragraph shall be reyjewed eyery two years 
and compared to the actual cost of restoration 
actjyities conducted by the Department. 
including site identilication, planning, 
implementation, monitoring and maintenance 
costs. Based upon this biennial reyiew. 
reyisions to Sub-item (7)(a) of this Paragraph 
will be reccimmended when adjustments to 
this Schedule ot' Fees are deemed necessary. 

t8j DONATION OF PROPERTY. Persons who choose 
to satisfy their mitigation determination by donating 
real property or an interest in real property shall meet 
the following requirements: 

(a) The donation of real prciperly interests may be 
used to either partially or fully satisfy the 
payment of a compensatory mitigation fee to 
the Riparian Buffer Restoration Fund pursuant 
to Item (7) of this Paragraph. The yalue of the 
property interest shall be determined by an 
appraisal performed in accordance with Sub- 
item (8)(d)(iy) of this Paragraph. The 
donation shall satisfy the mitigation 
determination if the appraised value of the 
donated p ro perty interest is equal to or greater 
than the required fee. If the appraised value 
of the donated property interest is less than the 
required fee calculated pursuant to Sub-item 
(7)(a) of this Paragraph, the applicant shall 
pay the remaining balance due. 
The donation of conservation easements to 



tb] 



tcj 



satisfy compensatory mitigation requirements 

shall be accepted only if the conservation 

easement is granted in perpetuity. 

Donation of real property interests to satisfy 

the mitigation determination shall be accepted 

only if such property meets all of the 

following requirements: 

(i) The property shall be located within an 

area that is identified as a priority for 

restoration in the Basinwide Wetlands 

and Riparian Restoration Plan or shall 

be located at a site that is otherwise 

consistent 'Aith the goals outlined in the 

Basinwide Wetlands and Riparian 

Restoration Plan. 

(ii) The property shall contain riparian 

buffers not cuiTently protected by the 

State's riparian buffer protection 

program that are in need of restoration. 

(iii) The restorable riparian buffer on the 



(iv) 



iv] 



(vi] 
(vii) 



(ix) 
(xi) 



LMl 



property shall have a minimum length 
of 1000 linear feet along a surface 
water and a minimum width of 50 feet 
as measured horizontally on a line 
perpendicular to the surface water. 
The size of the restorable riparian 
buffer on the property to be donated 
shall equal or exceed the acreage of 
riparian buffer required to be mitigated 
under the mitigation responsibility 
determined pursuant to Item (3) of this 
Paragraph. 

The property shall not require excessive 
measures for successful restoration, 
such 



as removal of 



infrastructure. 



structures or 
the 



Restoration of 



property shall be capable of fully 
offsetting the adverse impacts of the 
requested use. 

The property shall be suitable to be 
successfully restored, based on existing 
hydrology, soils, and vegetation. 
The estimated cost of restoring and 
maintaining the property shall not 
exceed the value of the property minus 
site identification and land acquisition 
costs. 

The property shall not contain cultural 
or historic resources. 
The property shall not contain any 
hazardous substance or solid waste. 
The property shall not contain 
structures or materials that present 
health or safety problems to the general 
public. If wells, septic, water or sewer 
connections exist, they shall be filled, 
remediated or closed at owner's 
expense m accordance with state and 
local health and safety regulations. 
The propertN shall have the potential to 
remove nitrogen, improve water quality 
and enhance natural resources after 
restoration. The Division shall 
consider whether the property is 
adjacent to or includes: 

(A) a Department-approved 
restoration or preservation 
project or public lands: 

(B) a sensitive natural resource, as 
identified in the Basinwide 
Wetland and Riparian 
Restoration Plan: 

(C) known occurrences of rare 
species as identified by the 
North Carolina Natural Heritage 
Program in the "Natural Heritage 



14:3 



NORTH CAROLINA REGISTER 



August 2. 1999 



183 



PROPOSED RULES 



Program List of Rare Animal Species of Nortii Carolina" or the 
"Natural Heritage Program List of the Rare Plant Species of 
North Carohna;" 

(D) significant Natural Heritage 
Area as identified by the North 
Carolina Natural Heritage 
Program in the "North Carolina 
Natural Heritage Program 
Biennial Protection Plan. List of 
Natural Heritage 
of these 



(iii) 



Significant 
Areas." Copie 



documents may be obtained 
from the Department gi" 
Environment and Natural 



Resource 



Division 



Parks 



Uiii) 



(xiv) 



and Recreation. Natural Heritage 
Program. PO Box 27687. 
Raleigh. North Carolina 2761 1; 

(E) federally or state-listed sensitive, 
endangered, or threatened 
species, or their critical habitat; 

(F) non-supporting. partially 
supporting, or support- 
threatened waters as designated 
by the Division pursuant to 40 
CFR 131.10(a) through (g). 
This material js available at the 
Department of En\ironment and 
Natural Resources. Division of 
Water Quality. Water Quality 
Section. 512 North Salisbury 
Street. Raleigh. North Carolina 
27604: 

The property and adjacent properties 
shall not have prior, current, and known 
future land use that would inhibit the 
function of the restoration effort. 



(d) 



The property shall not have any 

encumbrances or conditions on the 

transfer of the property interests. 

At the expense of the applicant or donor, the 

following informatic)n shall be submitted to 

the Division with any proposal for donations 

or dedications of interest \n real property: 

tjj Documentation that the property meets 

the requirements laid out in Sub-Item 

(8)(c) of this Paragraph. 

iii] US Geological Survey 1:24.000 (7.5 

minute) scale topographic map, county 

tax map. USD A Natural Resource 

Conser\ation Service County Soil 

Survey Map, and county road map 

showing the location of the property to 

he donated along with information on 

existing site cemditions. vegetation 

types, presence of existing structures 

and easements. 



A current property survey performed in 
accordance with the pnKedures of the 
North Carolina Department of 
Administration. State Property Qffice 
as identified by the State Board of 
Registration for Professional Engineers 
and Land Surveyors m "Standards of 
Practice for Land Surveying in North 
Carolina." Cjpies may be c)btained 
from the North Carolina State Board of 
Registration for Professional Engineers 
and Land Surveyors. 3620 Six Forks 
Road. Suite 300. Raleigh. North 
Carolina 27609. 



iiv] 



19] 



RIPARIAN 



A cuiTcnt appraisal of the value of the 
property performed in accordance with 
the procedures of the North Carolina 
Department of Administration. State 
Property Qffice as identified by the 
Appraisal Board in the "Uniform 
Standards of Professional North 
Carolina Appraisal Practice." Copies 
may be obtained from the Appraisal 
Foundation. Publications Department. 
PO Box 96734. Washington. DC. 
20090-6734. 
A title certificate. 
BUFFER RESTORATION OR 



ENHANCEMENT. Persons who choose to meet 
their mitigation requirement thr(iugh riparian buffer 
restoration or enhancement shall meet the following 
requirements: 

(a) The applicant may restore or enhance a 
riparian bulTer that is not protected under the 
State's riparian buffer protection program rf 
either of the following applies: 

(i) The area of riparian buffer restoration 
is equal to the required area of 
mitigation determined pursuant to Item 
(3) (if this Paragraph, 
(ii) The area of riparian buffer 
enhancement is three times larger than 
the required area of mitigation 
detennined pursuant to Item (3) ot' this 
Paragraph. 

(b) The location of llie riparian buffer restoration 
or enhancement shall comply with the 
requirements m Item (4) of this Paragraph. 

(c) The riparian buffer restoration or 
enhancement site shall ha\e a minimum width 
of 50 feel as measured hori/ontalh on a line 
perpendicular to the surface water. 

(d) The applicant shall first receive an 
Authorization Certificate for the proposed use 
according to the requirements of I5A NCAC 
2B .0259. After recei\ ing this determination, 
the applicant shall submit a restoration or 



184 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



(iii) 



(iv) 



enhancement plan for approval by the 
Division. The restoration or enhancement 
plan shall contain the foliowinti. 
(i) A map of the proposed restoration or 

enhancement site, 
(ii) A vegetation plan. The vegetation plan 
shall mclude a minimum ot at least two 
native hardwood tree species planted at 
a density sufficient to provide 320 trees 
per acre at maturity. 
A grading plan. The site shall be 
graded in a manner to ensure diffuse 
tlow through the riparian buffer. 
A fertilization plan. 
A schedule fur implementation. 

(e) Within one year after the Division has 
approved the restoration or enhancement plan, 
the applicant shall present proof to the 
Division that the riparian buffer has been 
restored or enhanced. If proof is not 
presented within this timeframe, then the 
person shall be in violation of the State's or 
the delegated local authority's riparian buffer 
protection program. 

(f) The mitigation area shall be placed under a 
perpetual conservation easement whose terms 
are acceptable to the Division. 

(g) The applicant shall submit annual reports for a 
period of five years after the restoration or 
enhancement showing that the trees planted 
have survived and that diffuse flow through 
the riparian buffer has been maintained. The 
applicant shall be responsible for replacing 
trees that do not survi\e and for restoring 
diffuse flow if needed during that five-year 
period. 

Authorin- G.S. 143-214.1: 143-214.7: 143-215. 3(a)( 1 ): 143- 
215.6A: 143-215.6B: 143-215.6C. 

.0261 TAR-PAMLICO RIVER BASIN - NUTRIENT 
SENSITIVE WATERS MANAGEMENT 
STRATEGY: DELEGATION OF AUTHORITY 
FOR THE PROTECTION AND 

MAINTENANCE OF RIPARIAN BUFFERS 

This Rule sets out the following requirements for delegation 
of the responsibility for implementing and enforcing the Tar- 
Pamlico Basin riparian buffer protection program to local 
governments: 

GRANTING AND 
The Commission 



(1) PROCEDURES FOR 

RESCINDING DELEGATION. 

shall grant and rescind kical government delegation 
of the Tar-Pamlico River Basin Riparian Buffer 
Protection requirements, as described in 15A NCAC 
2B. 0259. according to the following procedures. 
(a) Local governments within the Tar-Pamlico 



River Basin may submit a written request to 

the Commission for authority to implement 

and enforce the Tar-Pamlico Basin riparian 

buffer protection requirements within their 

jurisdiction. The written request shall be 

accompanied by information which shows: 

(i) The local government has land use 

jurisdiction for the riparian buffer 

demonstrated by delineating the local 

land use jurisdictional boundary on 

USGS 1:24.000 topographical map(s) 

or other appropriate scale mapts); 

(ii) The local government has the 

administrative organization, staff, legal 

authority, financial and other resources 

necessary to implement and enforce the 

Tar-Pamlico Basin riparian buffer 

protection requirements based on its 

size and projected amount of 

development; 

(iii) The local government has adopted 

ordinances, resolutions, or regulations 

necessary to establish and maintain the 

Tar-Pamlico Basin riparian buffer 

protection requirements: and 

(iv) The local government has pro\ided a 

plan to address violations with 

appropriate remedies and actions. 

(b) Within 90 days after the Commission has 
received the request for delegation, the 
Commission shall notify the local government 
whether u has been approved, approved with 
modifications, or denied. 

(c) The Commissi(m. upon determination that a 
delegated local authority is failing to 
implement or adequately enforce the Tar- 
Pamlico Basin riparian buffer protection 
requirements, shall notify the delegated local 
authority jn writing ot' tlic local program's 
inadequacies. If the delegated local authority 
has not corrected the deficiencies within 90 
days of receipt of the written notification, then 
the Commission shall rescind the delegation 
of authority to the local government and shall 
implement and enforce the Tar-Pamlico Basin 
riparian buffer protection requirements. 

(d) The Commission may delegate Us duties and 
powers for granting and rescinding local 
government delegation of the Tar-Pamlico 
Basin riparian buffer protection requirements. 
in whole or in part, to the Director. 

Ill APPOINTMENT OF A RIPARIAN BUFFER 
PROTECTION ADMINISTRATOR. Upon 
receiving delegation, local governments shall appoint 
a Riparian Buffer PrcHection Administrator who 
shall coordinate the implementation and enforcement 



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185 



PROPOSED RULES 



of the program. The Administrator shall attend an initial 
training session by the Division and subsequent annual training 
sessions. The Administrator shall ensure that local government 
staff working directly with the program receive training to 
understand, implement and enforce the program. 

tli PROCEDURES FOR USES WITHIN RIPARIAN 
BUFFERS THAT ARE ALLOWABLE AND 
ALLOWABLE WITH MITIGATION. Upon 
receiving delegali(m. local authorities shall be 
responsible for reviewing proposed uses within the 
riparian buffer and issuing appnnals if the uses meet 
the Tar-Pamlico Basin riparian buffer protection 
requirements. Delegated local authorities shall issue 
an Authorizalicin Certil'icate for uses it' the proposed 
use meets the Tar-Pamlico Basin riparian buffer 
protection requirements, or provides for appropriate 
mitigated provisions to the Tar-Pamlico Basin 
riparian buffer protecti(^n requirements. The 
Division shall ha\e the authority to challenge a 
decision made by a delegated k)cal authority for a 
period of 30 days after the .Authorization Certificate 
IS issued. If the Divisii^n does not challenge an 
Authorization Certificate within 30 days of issuance, 
then the delegated local authority's decision will 
stand. 
(4} VARIANCES. After receivmg delegation, local 
governments shall be responsible for reviewing 
vanance requests, providing approvals for minor 
variance requests and making recommendations to 
the Commission for mait)r variance requests 
pursuant to the Tar-Pamlicc^ Basin riparian buffer 
protection program. 
15) LIMITS OF DELEGATED LOCAL AUTHORITY. 
The Commission shall have jurisdiction to the 
exclusion of local governments to implement the 
Tar-Pamlic(> Basin riparian buffer protection 
requirements for the following types of activities: 
(a) Activities conducted under the authority of the 
State; 

Activities conducted under the authority of the 
United States: 



16) 



lb) 
ic) 
Id) 



Activities conducted under the authority of 

multiple jurisdictions: 

Activities conducted under the authority of 

local units of government. 
RECORD-KEEPING REOUIREMENTS . 
Delegated local authorities are required to maintain 
on-site records for a minimum of five years. 
Delegated local authorities must furnish a copy of 
these records to the Director within 30 days of 
receipt of a written request for the records. The 
Division will inspect local riparian buffer protection 
programs to ensure thai the pn>grams are being 
adequately implemented and enforced. Each 
delegated local authority's records shall include the 
following: 
(a) A copy of variance requests; 



(b) The variance request's finding of fact; 

(c) The result of the variance proceedings; 

(d) A record of complaints and action taken as a 
result of the complaint; 

(e) Rec()rds for stream origin calls and stream 
ratings; and 

If) Copies of request for authorization, records 
approving authorization and Authorization 
Certificates. 

Authority G.S. 143-214.1: 143-214.7: 143-215. 3(a)(1): 143- 
215.6A; 143-215.6B: I43-2I5.6C. 

Notice is hereby given in accordance with G.S. 150B-21 .2 
that the Environmental Management Commission intends 
to amend rules cited as 15A NCAC 2D .0524. .1201 - .1208: 
2Q .0102. .0306. .0702: adopt rule cited as 15A NCAC 2D 
.0541: and repeal rules cited as 15A NCAC 2D .0523. .1209. 
Notices of Rule-making Proceedings were published in the 
Regi.ster on August 15. 1998. October 15. 1998. December 15. 
1998. and February 15. 1999. 

Proposed Effective Date: July I. 2000 

A Public Hearing will he conducted at 7:00 p.m. on August 
20. 1999 at the Archdale Budding. Ground Floor Hearing 
Room. 512 N. Salisbury Street. Raleigh. NC. 

Reason for Proposed Action: 

15A NCAC 2D .0523. .1201 - .1209, 2Q .0102, .0306, .0702 - 

To make clarifications, amend definitions, and incorporate 

permitting requirements for hazardous waste incinerators per 

40 CFR 270.32(b)(2). 

ISA NCAC 2D .0524 • To make clarifications to current 

Division operating procedures for new source performance 

standards. 

15A NCAC 2D .0541 - To control emissions from abrasive 

blasting operations. 

Comment Procedures: All persons interested in these matters 
are invited to attend the public hearing. Any person desiring 
to comment for more than three minutes is requested to submit 
a written statement for inclusion in the record of proceedings 
at the public hearing. The hearing record will remain open 
until September 1. 1999. Comments should be sent to and 
additional information concerning the hearings or the 
proposals may be obtained by contacting Mr. Thomas C Allen, 
Division of Air Quality. 2728 Capital Blvd.. 1641 Mail Sen-ice 
Center. Raleigh. NC 27699-1641. or at (919) 733-1489 
(phone). (919) 715-7476 (fa.x). 

Fiscal Note: These Rules do not affect the expenditures or 
revenues of state or local government funds. These Rules do 
not have a substanti(d economic impact of at least five million 



186 



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August 2, 1999 



14:3 



PROPOSED RULES 



dollars ($5,000,000) in a 12-month period. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 

SECTION .0500 - EMISSION CONTROL STANDARDS 

.0523 CONTROL OF CONICAL INCINERATORS 

(a) Purpose. The purpose of this Regulalion is to set forth 
the r e qu iie m e i i ts of the Commission relating to t he use of 
conical inci n erato r s in the burning of wood and agricultural 
waste. 

tb) — Scope. — Tliis Regulation shall apply to all con i ca l 
incine r ators which are d e sig n ed to incinerate wood and 
ag r icultural waste. 

(c) A pe r son shall not cause, allow, or permit the burning of 
wood or agricult ur al waste i n a conical incine r ato r without 
taking reasonable p re caution to prevent ai i' pollu t ants from 
becoming airborne. As a minimum, each c on ical inc i nerator 
subject to this Regula t ion shall be equipped and maintained 
with: 

til an unde r fire a n d an overfire forced air system and 

v a r iable damper which is automatically controlled to 
e n su r e the — optimum — temperature — r ange for the 
complete combustion of the amou n t a n d typ e of 
m ate ri al waste b eing charged into the i nci n e r ato r: 



(^ 



a temperature recorder tor contmuously recording 
the temperature of the exit gas: 
a feed system capable of delivering the waste to be 
burned at a sufficiently unifoirii rate to p r event 



temperature from — dropping — below — sw) — degrees 
Fah r enheit — during — iioimal — operation. — with — the 
exception of one startup and one shutdow n per day. 

(d) Tlie owner of the conical i ncinerator shal l m onito r and 
r eport ambient p articulate concentrations i n accordance with a 
method and schedule acceptable to the Commission. 

tei — In no case shall the ambient air quality standa r ds as 
defined in Sec t ion .0400 of this Subchapter be exceeded. 

(f) Tlie conical incinerator shall not violate Regulation .0521 
of this Section. 

tg) — The distance a conical incinerator is located a n d/o r 
operated from the nearest structure(s) i n which peo p le live o r 
work shall be optimized to prevent air quality impact and shall 
be subject to approval by the Commission. 

(+r) — New conical inc i nerators shall be in compliance with 
this Regulation on startup. 



Aiahorin G.S. 143-215. 3la)( 1); 143-215. W7(a){5). 



standards, monitoring and reporting requirements, maintenance 
requirements, notification and record keeping requirements, 
performance test requirements, test method and procedural 
provisions, and any other provisions, as required therein, rather 
than with any otherwise-applicable rule in this Section which 
would be in conflict therewith, 
(b) The following is not included under this Rule: 
(I) 40 CFR Part 60. Subpart AAA nrw (new residential 

wood heaters (40 CFR 00.530 to 60.539b. Subpart 

AAAl: heaters); 
(2} 40 ere Part 60, Subpart B (adoption and submittal 

of state plans for desiiinatcd facilities); 

40 CFR Part 60. Supbart C (emission guidelines and 

compliance times); 

40 CFR Part 60, Subpart 



ill 



Ca (guidelines for 



(6) 

ID 



municipal waste combustors); 
40 CFR Part 60, Subpart 
municipal waste combustors 
before December 19. 1995); 
40 CFR Part 60, Subpart 



Cb (guidelines 
constructed on 



for 
or 



Cc 



(guidelines for 



municipal solid waste landfills) 

40 CFR Part 60. Subpart Cd (guidelines for sulfuric 

acid production units). 

(c) Along with the notice appearing in the North Carolina 
Register for a public hearing to amend this Rule to exclude a 
standard from this Rule, the Director shall state whether or not 
the new source performance standards promulgated under 40 
CFR Part 60. or part thereof, shall be enforced. If the 
Commission does not adopt the amendment to this Rule to 
exclude or amend the standard within 12 months after the close 
of the comment period on the proposed amendment, the 
Director shall begin enforcing that standard when 12 months 
has elapsed after the end of the comment period on the 
proposed amendment. 

(d) New sources of volatile organic compounds that are 
located in an area designated in 40 CFR 81.334 as 
nonattainment for ozone or an area identified in accordance 
with 15A NCAC 2D .0902 as being in violation of the ambient 
air quality standard for ozone shall comply with the 
requirements of 40 CFK Part 60 that are not excluded by this 
Rule, as well as with any applicable requirements in Section 
.0900 of this Subchapter. 

(e) All requests, reports, applications, submittals, and other 
communications to the administrator required under Paragraph 
(a) of this Rule shall be submitted to the Director of the 
Division of Environmental Manage m e n t Air Quality rather 
than to the Environmental Protection Agency. 

(f) In the application of this Rule, definitions contained in 
40 CFR Part 60 shall apply rather than those of Section .0100 
of this Subchapter. 

(g) 15A NCAC 2Q .0102 and .0302 are not a p plicable to 



.0524 



NEW SOURCE PERFORMANCE any sou r ce to which this R u le applies except for 
STANDARDS 

(a) With the exception of Paragraph (b) or (c) of this Rule, 
sources subject to new source performance standards 
promulgated in 40 CFR Part 60 shall comply with emission 



Hi 4 CFR Part 60. Subpart Dc. indust ri al, commercial. 

and inst i tut i onal steam generating units ; 
t^l 40 CFR Part 60. Subpart Kb. volatile organic liquid 



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187 



PROPOSED RULES 



tfH 40 CFR Pan 60. Subpart AAA. new residential 

wood iieaters. 
The With the exceptions allowed under 15A NCAC 20 .0102. 
Activities Exempted from Permit Requirements, the owner or 
operator of the source shall apply for and receive a permit as 
required in I3A NCAC 2Q .0300 or .0500. 



Authorit}- G.S. 143-21 5. 3(a)(1): 
21.6. 



.0541 



143-215. 107la)(5): 150B- 



12] 



CONTROL OF EMISSIONS FROM ABRASIVE 
BLASTING 

(a) For the purpose of this Rule, the followinii definitions 
apply: 

"Abrasives" means any material used in abrasive 
blasting operations. 

"Abrasive blasting" means the operation of cleaning 
or preparing a surface by forcibly propelling a 
stream of abrasive material against the surface. 
Sandblasting is one form of abrasive blasting. 

(3) "Abrasive blasting equipment" means any equipment 
used in abrasive blasting operations. 

(4) "Fugitive dust emissions" means emissions of 
particulate matter into the outdoor atmosphere that is 
not vented or captured by a stack or chimney. 

(5) "Building" means a structure with four or more sides 
and a roof that [s used, in whole or in part, to house 
or contain abrasive blasting. 

(b) The owner or operator shall ensure that any abrasive 
blasting operation conducted outside a building or conducted 
indoors and vented to the atmosphere is performed in 
accordance with the requirements set forth in ISA NCAC 2D 
.0521. Control of Visible Emissions. For the purposes of this 
Rule, the visible emissions reading for abrasive blastint; 
performed outside a building shall be taken at a spot 



approximately one meter above the point of abrasive blasting 
with a viewing distance of approximately five meters. 

(c) Except as provided in Paragraph (d) of this Rule, all 
abrasive blasting operations shall be conducted within a 
building. 

(d) An abrasive blasting operation conducted under one or 
more of the following conditions is not required to be 
conducted within a building: 

( 1) when the item to be blasted exceeds eight feet in any 
dimension; 

(2) when the surface being blasted is situated at its 
permanent location or not further away from its 
permanent location than is necessary to allow the 
surface to be blasted; or 

(3) when the abrasive blasting operation is conducted at 
a private residence or farm and the visible emissions 
created by this abrasive blasting operation do not 
migrate beyond the property boundary of the private 
residence or farm on which the abrasive blasting 
operation is being conducted. 

(e) The owner or operator oi' any abrasive blasting operation 
conducted m accordance with Subparagraphs (d)( I ) and (d)(2) 



of this Rule, outside a building, sh 
to ensure that the fugitive dus 
abrasive blasting operation do not 
boundaries in w hich the abrasive 
conducted. Appropriate measures 
( 1 ) the addition of a suppre 

material; 

wet abrasive blasting; 

hydroblasting; 

vacuum blasting; 

shrouded blasting; or 

shrouded hydroblasting 
(f) Compliance with this Rule _' 
contractor of res ponsibility for 
applicable air quality, water quali 
hazardous waste standards; nor dj 
person from responsibility or lia 
damages, or injuries resulting It' 
with this Rule shall not be a defei 



Jl take appropriate measures 
emissions created by the 
migrate beyond the property 
blasting operation is being 
nclude the following: 
sant to the abrasive blasting 



(2) 
ill 
(4) 
(5) 
161 



lall not relieve the owner or 
complying with any other 
y^ safety, health, or solid or 
:es it excuse or exempt such 
>ility for the consequences. 
m the project. Compliance 
ise to any legal action that is 
based on the theory of public or jt] vate nuisance. 

Aiithonn G.S. 143-215. 3(a)(lr 143-215. 108(c)(7): 143- 
215.108(d)(1). ^ 

SECTION .1200 - CONTROL OF EMISSIONS FROM 
INCINERATORS 



.1201 PURPOSE AND SCOl 

(a) This Section sets forth i 
emissions of air pollutants from ir 

(b) The rules in this Section api 
as defined by 1 5A NCAC 2D .0 1 ( 
with heat recovery and industrial i 

(c) The rules in this Section do 

( 1 ) afterburners, flares, fu 
similar devices used to 
pollutants from process^ 
regulated as process em 

(2) any boilers or industrial 
fuel; 

(3) air curtain burners, whn 
.1900 of this Subchaptc- 

(4) incinerators used to d 
poultry that meet the fol 

(A) the incinerator i: 
owned and opera 
the farm operator 

(B) the incinerator v 
animals or pouh 
where the incinei 

(C) the incinerator i; 
exceeds its desigi 

(D) the incinerator 
(visible emissic 
emissions) of thi^ 

(d) If the i nc i ne r ator is used sc 



ules for the control of the 

jinerators. 

ly to all types of incinerators 

1(20). including incinerators 

icinerators. 

not apply to: 

Tie incinerators, and other 

reduce the emissions of air 

s. whose emissions shall be 

ssions; 

Furnaces that burn waste as a 

h shall comply with Section 

';. or 

spose of dead animals or 

owing requirements: 

' located on a farm and is 

led by the farm owner or by 

used solely to dispose of 
ry originating on the farm 
itor is located; 

not charged at a rate that 
capacity; and 

:omplies with Rule .0521 
IS) and .0522 (odorous 
Subchapter. 



ly to crema t e pets or if the 
emissions of all tox i c a ir pollui. i i ts from a n incinerator and 



188 



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August 2, 1999 



14:3 



PROPOSED RULES 



associated waste handling and storag e ai - e less than t he levels 
listed in 15A NCAC 2Q .07 11. t he inc i neratoi - shall be exempt 
from Rules .1205(f) through (p). a n d .12(X i of this Sect i on. 
Sewage sludge incinera t o r s, sludge incinerators, municipal 
waste — combustors — at — small — and — large — municipal — waste 
combustoi pla n ts, and HMIWIs are not eligible for exemption 
under this Paragraph. 

(d) tel If an incinerator can be defined as being more than 
one type of incinerator, then the following order shall be used 
to determine the standards and requirements to apply: 

(1) hazardous waste incinerators: incinerato r s. 

(2) sewage sludge incinerators: incinerators, 

(3) sludge incinerators: i ncinerators. 

(4) municipal waste combustors: combustor at a large or 
small municipal wast e c o m bustor plant. 

(5) hospital, medical, or infectious waste incinerators 
(HMIWIs): HMIWIs. 
conical incinerators: 



(6) 

18] 
te] 



crematory mcinerators; incinerators, and 
other incinerators. 
Referenced document SW-846 "Test Methods 



for 



Evaluating Solid Waste". Third Edition, cited by rules in this 
Section is hereby incorporated by reference and does not 
include subsequent amendments or editions. A copy of this 
document is available for inspection at the North Carolina 
Department of En\ironment and Natural Resources Library 
located at 512 North Salisbury Street. Ralcii^h. NC 27603. 
Copies ol' this document may be obtained through the US 
Government Printing Office. Superintendent ot Documents. 
PO Box 371954. Pittsburgh. PA 15250-7954. or bv callmg 
(202) 783-3238. The cost of this document is three hundred 
nineteen dollars ($319.00). 

Autlwrin G.S. 143-2 J 5.3(a)(1): 143-215. 107(a)( 1 ).(3).(4).(5). 

.1202 DEFINITIONS 

For the purposes of this Section, the following definitions 
and those contained in 40 CFR 60. Subpart Ec. Standards of 
Pe i fo i mance for Hospital. Medical, and Infectious Waste 
Inci n e r ators fo r Which Construction is Commenced after June 
X shall apply: 

( 1 ) "Control efficiency" means the mass of a pollutant in 
the waste fed to an incinerator minus the mass of that 
pollutant in the exit gas from the incinerator stack 
divided by the mass of the pollutant in the waste fed 
to the incinerator. 

(2) "Crematory incinerator" means any incinerator 
located at a crematory regulated under 21 NCAC 
34C that is used solely for the cremation of human 
remains. 

(3) "Construction and demolition waste" means wood, 
paper, and other combustible waste resulting from 
construction and demolition projects except for 
hazardous waste and asphaltic material. 

(4) "Dioxin and Furan" means tetra- through octa- 
chlorinated dibenzo-p-dioxins and dibenzofurans. 



(5) 



(6) 



(7) 



"Hazardous waste incinerator" means an incinerator 

regulated under 15A NCAC 13A .0001 through 

.0014, 40 CFR 264.340 to 264.351. Subpart O. or 

265.340 to 265.352, Subpart O. 

"Hospital, medical and infectious waste incinerator 

(HMIWI)" means any device that combusts any 

amount of hospital, medical and infectious waste in 

which construction was commenced on or before 

June 20, 1996. 1996, exce p t : 

tcT) a n y HMIWI requi r ed to have a peimit under 

Section 3005 of th e So li d Waste Disposal Act; 

ttr) any pyrolysis unit; 

tri any — cement kiln — firing hospital — wa s t e o r 

medical and infectious waste: 



t&i any physical or operational change made to a n 

existing HMIWI solely for the purpose of 
complying with the emission standards for 
HMIW I s in R u l e .1205 of this Section. These 
p h y sica l — or — operational — changes — are — not 
cons i dered a m od ifi cat i on and do not result in 
an existing HMIWI becoming subject to the 
pr ovis io ns of 40 CFR Part 60, Subpart Ec; 



fr) any — H MIWI — dtrnng — pe r iods — wher 



iy 



IS — when — on 
pathological — waste, — low-level — l ^ adioacti^ ' e 
waste, o r chemotherapeutic waste is burned, 
pr ov i ded that the owner or operator of the 
HMIWI: 
tH — notifies the Directo r of an exemption 

claim: and 
(rrl — keeps records on a calendar quarter 
basis of the periods of time when only 
pathological — waste. — low-level 
radioactive waste, or chemotherapeutic 
waste is burned; or 

(f) any co-fired HMIWI. if the owner or operator 

of the co-fired HMIWI : 

fr) notifies the Director of an exemption 

claim: 
trr) — provides an estimate of the relative 
weight — of — hospital, — medical — and 
infectious waste, and other fuels or 
wastes to be combusted; and 

(Ttf) keeps records on a calendar quarter 

basis of the weight of hospital, medical 
and infectious waste combusted, and 
the weight of all other fuels and wastes 
combusted at the co-fired HMfWI. 
"Large HMIWI" means: 

(a) Except as provided in Sub-item (b) of this 
Item: 

a HMIWI whose maximum design 
waste burning capacity is more than 
500 pounds per hour; 
a continuous or intermittent HMIWI 
whose maximum charge rate is more 
than 500 pounds per hour; or 



(1) 



(ii) 



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August!, 1999 



189 



PROPOSED RULES 



(iii) a batch HMIWI whose maximum 
charge rate is more than 4.000 pounds 
per day. 
(b) The following are not large HMIWls: 

(i) a continuous or intermittent HMIWI 
whose maxiinum charge rate is less 
than or equal to 500 pounds per hour; 
or 
(iptrir) a batch HMIWI whose maximum 
charge rate is less than or equal to 
4,000 pounds per day. 

(8) "Hospital waste" means discards generated at a 
hospital, except unused items returned to the 
manufacturer. Tlie definition of hospital waste does 
not mclude human corpses, remains, and anatomical 
parts that are intended for interment or cremation. 

(9) "Large municipal waste combustor" combustor 
p lant" means each municipal waste coinbustor unit 
with a combustion capacity greater than 250 tons p er 
day of municipal solid waste for which construction 
was commenced on or before September 20. 1994. a 
municipal waste combustor plant w i th a municipal 
waste combustor aggregate plan t capacity that is 
g r eate r than 250 to n s pe r day of municipal solid 
waste. 

(10) "Medical and Infectious Waste" means any waste 
generated in the diagnosis, treatment, or 
immunization of human beings or animals, in 
research pertaining thereto, or in the production or 
testing of biologicals that is listed in Sub-items (a)(i) 
through (yii) of this Item. 

(a) The definition of medical and infectious waste 
includes: 

(i) cultures and stocks of infectious agents 
and associated biologicals, including: 

(A) cultures from medical and 
pathological laboratories; 

(B) cultures and stocks of infectious 
agents from research and 
industrial laboratories; 

(C) wastes from the production of 
biologicals; 

(D) discarded live and attenuated 
vaccines; and 

(E) culture dishes and devices used 
to transfer, inoculate, and mix 
cultures; 

(ii) human pathological waste, including 
tissues, organs, and body parts and 
body fluids that are removed during 
surgery or autopsy, or other medical 
procedures, and specimens of body 
fluids and their containers; 

(iii) human blood and blood products 
including: 

(A) liquid waste human blood; 

(B) products of blood; 



(C) items saturated or dripping with 
human blood; or 

(D) Items that were saturated or 
dripping with human blood that 
are now caked with dried human 
blood including serum, plasma, 
and other blood components, 
and their containers, which were 
used or mtendcd for use in either 
patient care, testing and 
laboratory analysis or the 
development of pharmaceuticals. 
Intravenous bags are also 
included in this category; 

(iv) sharps that have been used in animal or 
human patient care or treatment or in 
medical, research, or industrial 
laboratories, including hypodermic 
needles, syringes (with or without the 
attached needle), pasteur pipettes, 
scalpel blades, blood vials, needles with 
attached tubing, and culture dishes 
(regardless of presence of infectious 
agents). Also included are other types 
of broken or unbroken glassware that 
were in contact with infectious agents, 
such as used slides and cover slips; 

(y) animal waste includmg contaminated 
animal carcasses, body parts, and 
bedding of animals that were known to 
have been exposed to infectious agents 
during research (including research in 
veterinary hospitals), production of 
biologicals or testing of 
pharmaceuticals; 

(vi) isolation wastes including biological 
waste and discarded materials 
contaminated with blood, excretions, 
exudates, or secretions from humans 
who are isolated to protect others from 
certain highly communicable diseases, 
or isolated animals known to be 
infected with highly communicable 
diseases; and 
(vii) unused sharps including the following 
unused or discarded sharps; 

(A) hypodermic needles; 

(B) suture needles; 

(C) syringes; and 

(D) scalpel blades. 

(b) The definition of medical and infectious waste 
does not include: 
(i) hazardous waste identified or listed 

under 40 CFR Part 26 1; 
(ii) household waste, as defined in 40 CFR 

Part 261.4(b)(1); 
(iii) ash from incineration of medical and 



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PROPOSED RULES 



infectious waste, 
completed; 



once the incineration process has been 



(1 



(i: 



(13) 



(14) 



(15) 



(IV) 



(V) 



human corpses. remains. and 
anatomical parts that are intended for 
interment or cremation; and 
domestic sewage materials identified in 
40 CFR 261.4(a)(1). 
"Medium HMIWI" means: 

(a) Except as provided in Sub-item (b) of this 
Item: 

(i) a HMIWI whose maximum design 
waste burning capacity is more than 
200 pounds per hour but less than or 
equal to 500 pounds per hour; 
(ii) a continuous or intermittent HMIWI 
whose maximum charge rate is more 
than 200 pounds per hour but less than 
or equal to 500 pounds per hour; or 
(iii) a batch HMIWI whose maximum 
charge rate is more than 1 .600 pounds 
per day but less than or equal to 4,000 
pounds per day. 
The following are not medium HMIWIs: 
(1) 



(b) 



a continuous or intermittent HMIWI 

whose maximum charge rate is less 

than or equal to 200 pounds per hour or 

more than 500 pounds per hour; or 

(ii) a batch HMIWI whose maximum 

charge rale is more than or equal to 

4.000 pounds per day or less than or 

equal to 1,600 pounds per day. 

"Municipal waste combustor (MWC) or municipal 

waste combustor unit" means a municipal waste 

combustor as defined in 40 CFR 60.5 ! b. 

"Municipal waste combustor plant" means one or 

more municipal waste combustor units designated 

facilities at the same location, location for which 

const i uction. — mod i fication. — or — r econstruction 

commenced on o r befo r e Septejnber 20. 1994. 

"Municipal waste combustor plant unit capacity" 

means the a gg re gate municipal waste combustor unit 

capacity of all munic ip al waste combustor units at a 

municipal — w as te — combustor — plant — for — which 

construction. — mod i ficatio n . — or — r econstruction 

commenced on o r befo r e September 20. — 1994. 

maximum charging rate of a municipal waste 

combustor unit expressed in tons per day of 

municipal solid waste combusted, calculated 

according to the procedures under 40 CFR 60.58b( i ). 

Section 60.568b(i) includes procedures for 

determining municipal waste combustor unit 

capacity for continuous and batch feed municipal 

waste combustors. 

"Municipal-type solid waste (MSW)" (MSW) or 
Municipal Solid Waste" means municipal-type solid 
waste defined in 40 CFR 60.51b. 



(16) 
(17) 



(18) 
(19) 

(20) 



(21) 



(22) 



(2.^) 



"POTW" means a publicly owned treatment works 
as defined in 40 CFR 501.2. 

"Same Location" means the same or contiguous 
property that is under common ownership or control 
including properties that are separated only by a 
street, road, highway, or other public right-of-way. 
Common ownership or control includes properties 
that are owned, leased, or operated by the same 
entity, parent entity, subsidiary, subdivision, or any 
combination thereof including any municipality or 
other governmental unit, or any quasi-governmental 
authority (e.g., a public utility district or regional 
waste disposal authority). 

"Sewage sludge incinerator" means any incinerator 
regulated under 40 CFR Part 503, Subpart E. 
"Sludge incinerator" means any incinerator regulated 
under Rule . 1 1 1 of this Subchapter but not under 40 
CFR Part 503, Subpart E. 
"Small HMIWI" means: 

(a) Except as provided in Sub-item (b) of this 
Item: 

(i) a HMIWI whose maximum design 
waste burning capacity is less than or 
equal to 200 pounds per hour; 
a continuous or intermittent HMIWI 
whose maximum charge rate is less 
than or equal to 200 pounds per hour; 
or 

a batch HMIWI whose maximum 
charge rate is less than or equal to 
1 ,600 pounds per day. 
The following are not small HMIWIs: 



(ii) 



(111) 



(b) 



(1) 



(li) 



a continuous or intermittent HMIWI 
whose maximum charge rate is more 
than 200 pounds per hour; or 
a batch HMIWI whose maximum 
charge rate is more than 1.600 pounds 
per day. 
"Small municipal waste combustor plant" means a 
municipal waste combustor plant with a municipal 
waste combustor plant capacity that is greater than 
38.8 tons per day but not more than 250 tons per day 
of municipal solid waste. 

"Small remote HMIWI" means any small HMIWI 
which is located more than 50 miles from the 
boundary of the nearest Standard Metropolitan 
Statistical Area (SMSA) and which burns less than 
2,000 pounds per week of hospital, medical and 
infectious waste. The 2,000 pound per week 
limitation does not apply during performance tests. 
"Standard Metropolitan Statistical Area (SMSA)" 
means any area listed in 0MB Bulletin No. 93-17, 
entitled "Revised Statistical Definitions for 
Metropolitan Areas" dated July 30. 1993. The 
referenced document cited by this Item is hereby 
incorporated by reference and does not include 



14:3 



NORTH CAROLINA REGISTER 



August!, 1999 



191 



PROPOSED RULES 



subsequent amendments or editions. A copy of this document 
may be obtained from the Division of Air Quahty, PO Box 
29580, Raleigh. North Carohna 27626-0580 at a cost of ten 
cents ($0.10) per page or may be obtained through the internet 
at "http://www.census.gov/population/estimates/metro- 
city/93mrips.txt". 

(24) "Total hydrocarbons" means the organic compounds 
in the stack exit gas from a sewage sludge 
incinerator measured using a tlame ionization 
detection instrument referenced to propane. 

AiithontxG.S. 143-213: 143-215. 3(a)( 1). 

.1203 HAZARDOUS WASTE INCINERATORS 

(a) Applicability. This Rule applies to hazardous waste 
incinerators. 

(b) Emission Standards. 

( 1 ) The emission standards in this Rule apply to all 
incinerators subject to this Rule except where Rule 
.0524. .1 110. or .1111 of this Subchapter applies 
except that Subparagraphs [8j or i9] ol.' this 
Paragraph and Paragraph (g) of this Rule shall 
control in any event. 

(2) Particulate Matter. Any incinerator subject to this 
Rule shall meet the particulate matter emission 
requirements ot' 40 CFR 264.34.^(c). 

(3) Visible Emissions. Any incinerator subject to this 
Rule shall comply with Rule .0521 of this 
Subchapter for the control oi visible emissions. 

(4) Sulfur Dioxide. Any incinerator subject to this Rule 
shall comply with Rule .05 1 6 of this Subchapter for 
the control ot' sulfur dioxide emissions. 

(5) Odorous Emissions. Any incinerator subject to this 
Rule shall comply with Rule .0522 of this 
Subchapter for the control o^' odorous emissions. 

(6) Hydrogen Chloride. Any incinerator subject to this 
Rule shall meet the hydrogen chloride emission 
requirements ol.' 40 CFR 264.343(b). Compliance 
with this Subparagraph shall be determined by 
averaging emissions over a one-hour penod. 

(7) Mercury Emissions. The emissions of mercury and 
mercury compounds Worn the stack or chimney ot' 
an\ incinerator subject to this Rule shall not exceed 
0.032 pounds per hour. Compliance with this 
Subparagraph shall be determined by averaging 
emissions over a one-hour penod. 

(8) Toxic Emissions. The owner or operator of any 
incinerator subject to this Rule shall demonstrate 
compliance with Section . 1 100 of this Subchapter 
according to 15A NCAC 2Q .0700 for the control ol' 
toxic emissions. 

(9) Ambient Standards. 

(A) In addition to the ambient air quality standards 
HI Section .0400 of this Subchapter, the 
following ambient air quality standards, which 
are an annual average, in milligrams per cubic 
meter at 77 T (25'C) and 29.92 inches (760 



mm) of mercury pressure and which are 
increments above background concentrations, 
shall apply aggregately to al] incinerators at a 
facility subject to this Rule: 
tU arsenic and compounds 2.3x10^ 

(ii) beryllium and compounds 4.1x10'' 

(iii) cadmium and compounds 5.5x10'' 

(iv) chromium (VI) and 

compounds 8.3x10"^ 

(B) When Subparagraph ( I ) of this Paragraph and 
either Rule .0524. .1110. or .1111 of this 
Subchapter regulate the same pollutant, the 
more restrictive provision for each pollutant 
shall apply, notwithstanding provisions of 
Rule .0524. .IIUJ, or .1111 of this Subchapter 
to the contrary. 

(C) The owner or operator of a facility with 
incinerators subject to this Rule shall 
demonstrate compliance with the ambient 
standards in Subparts (jj through (iv) of Part 
(A) of this Subparagraph by following the 
procedures set out in Rule . 1 106 of this 
Subchapter. Modeling demonstrations shall 
ct)mplv with the requirements of Rule .0533 
of this Subchapter. 

(D) The emission rates computed or used under 
Part (C) ol this Subparagraph that demonstrate 
compliance with the ambient standards under 
Part (A) ol this Subparagraph shall be placed 
in the pennit for the facility with incinerators 
subject to this Rule as their allowable 
emission limits unless Rule .0524. .11 10. or 
.1111 of this Subchapter requires more 
restrictive rates. 

(c) Operational Standards. 

(1 ) The operational standards m this Rule do not apply 
to any incinerator subject to this Rule where 
operational standards in Rule .0524. .1110. or .1111 
of this Subchapter apply. 

(2) Hazardous waste incinerators shall comply with 15A 
NCAC 13A .0101 through .0114. which are 
administered and enforced by the Division ol Waste 
Management. 

(d) Test Methods and Procedures. 

(1 ) The test methods and procedures described in Rule 
.0501 ill' this Subchapter and in 40 CFR Part 60 
Appendix A and 40 CFR Part 61 Appendix B shall 
be used to determine compliance with emission rates. 
Method 29 of 40 CFR Part 60 shall be used to 
determine emissicin rates for metals. Method 29 
shall be used to sample for chromium (VI). and S\\' 
846 Method 0060 shall be used for the analysis. 

(2) The DirecKu may require the owner or operator to 
test his incinerator to demonstrate compliance with 
the emission standards listed in Paragraph (b) ol this 
Rule. 

(e) Monitoring. Recordkeeping, and Reporting. 



192 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



shall perl'oiii ' i testing t o deleiiiiiiie pollutant control efficiencies 
of any pol l ulio n control equipment and obtain infcunul i oii on 
o p e r atio n al pa r am e te r s, inc l ud i ng combustion tempeiatuie. to 
be placed in an air quali t y permit. 



(e) The owner or operator of 



a m u n ic i pa l wasie c ( 
a t a s m al l or l ar ge mu n ic i pal waste combusto i' plant shall do 
performa n c e tes tin g in acco r danc e wi t h 40 CFR Pan 6 0.58b. 
For municipal waste combusto i at large municipal waste 



combustor plants that ach i ev e a dio.xin and furan emis 



Tre v e a uio.xin ana luran emission 
less t han or equal to 15 nanograms per dry standard cubic 
meter total mass, corr e cted to seven percent o.xyge n . t h e 



pe i for m anc c i 



shal l b e peifoiiiied in accorda n c e w i th the 



( 1 ) The owner or operator of an incinerator subject to 
the requirements of this Rule shall comply with the 
monitorinu. recordkeepinti. and reporting 
requirements m Sectictn .()6()() oi this Subchapter. 

(2) The owner or operator of an incinerator subject to 
the requirements of this Rule shall maintain and 
operate a continuous temperature monitoring and 
recording device for the primary chamber and, where 
there is a secondar\ chamber, for the secondary 
chamber. The owner or opcralc)r of an incinerator 
that has installed air pollulion abatement equipment 
to reduce cmissicms of hydrogen chloride shall 
install, operate, and maintain continuous monitoring 
equipment to measure pH for wet scrubber systems 
and rate of alkaline inieclion for dry scrubber 
systems. The Director shall require the owner or 
operator of an incinerator with a permitted charge 
rate of 750 pounds per hour or more to install, 
operate, and maintain continuous monitors for 
oxygen or for carbon monoxide or both as necessary 
to determine proper operation of the incinerator. The 
Director may require the owner or (iperator of an 
incinerator with a permitted charge rate of less than 
750 pounds per hour to install, operate, and maintain 
monitors for oxygen or for carbon nKinctxide or both 
as necessary to determine proper operation of the 
incinerator. 

(f) Excess Emissions and Start-up and Shut-down. All 
incinerators subject to this Rule shall comply v\ilh Rule .0535. 
Excess Emissions Reporting and Malfunctions, of this 
Subchapter. 

(g) In addition to the requirements of Paragraphs (b) 
through (f) of this Rule, incineralc^rs subject to this Rule shall 
comply with the emission limits, operational specifications. 
and other restrictions or conditions determined b\ the Division 
oi' Waste Management under 40 CFR 270.32(b)(2). 
e stablishing resource conservation and recovery act permit 
conditions, as necessary to protect human health and the 
cn\ironment. 

(a) The test methods and p r oc e du r es described i n Rule .0501 Authontx G.S. 143-215. MaHD: 14.^-215. 107ia)l5). 
of this Subchapte r and i n 40 CFR Pa r t 6 App e ndix A and 40 



ip al waste combustor 



le\ ' el 



test in g sch e dule s p ecified in 40 CFR 60.58b(g)(5)(iii). — For 
mu n icipal — wast e — co mb usto r — at — small — municipal — waste 
c ombusto r pla n ts that achi e ve a dioxin and furan emission level 
less than or equal to 30.0 n a nog r ams per dry standard cubic 
meter total mass, co rr ec te d to s e ven pe r cent oxygen, the 
performance testi n g shall b e p e rfo r m e d in acco r da nc e with the 
testing schedule specified in 40 CFR 6Q.58b(g)(5)(iii). 

tf) Refe r enced document SW-846 "Test Methods for 

Evaluating Solid Waste". Third Editi on , cited by this Rul e is 
hereby — incorporated — by — r e ference — and — does — not — i ncl u d e 
subsequent amendments or edi t ions. A copy of this d o cumen t 
is available for inspection at th e N o rth Carol i na de p artment of 



Environment and Natural R e s 



Li b rary located at 512 



ironment ana iNaturai K e sources Lmrary 
North Sal i sbury Street. Raleigh. NC 27 6 03. Copies of th is 
document may be obtai n ed through the US Gove r nme n t 
Printing Offic e , — Superintendent of Documents. — Pt©^ — Bmc 
371954. Pittsburgh. PA 152 5 0-7954. o r by calli n g (202) 783- 
3238 . — Tlie cost of this document is three hu n dred ni n ete en 
dollars ($319.00). — Refer e nc e d docum en t M e thod 5 (interim) 
ci ted by th i s Rule i s h e re by in c orp o r ated b y re f e r ence and 
includes subseque n t a m end men ts and edi ti ons. A copy of t his 
document i s ava i lable fo r in spe cti on at any Division of Air 
Qu al it y R e gional Off i ce ( n a m es a n d add r esses listed i n Rule 
. 010 3 of th i s Subcha p te r ). — Co p ies of this document m ay be 
o b ta in e d fr o m the Division at th e cos t of twenty cents ($0.20) 
per page. 



CFR — Part — (A — Appendix — B — shaH — be — used — to — det e rmine 

The — test — method — for 



t i x ij s r 
compliance with — emission — r ates. 



deie i mining me t als 



i m bustion 



:?i mining me t als emissions — rrom — stat i ona r y cor 
sou r ces, commonly called Method 5 ( i nte r i m ), pu b lished by t he 



U.S. Envi 



August 28, 1989, 



/ironmentai l- ' rotection Ag e ncy on Augi 
shall be used to deteimine em i ssion ra t es for metals. Method 5 
(interim) shall b e used to sample for chromium (VI), and SW 
846 Method 00 13 s hall be used for the analysis. 

(b) Tlie Directo r m a y r equ i re the owner o r operator to test 
his incinerator to de m onst r at e co mp lia n ce with the emission 
s t a n da r ds in Rule .1205 of t h i s Sec t io n . 

tn — For the emission sta n da r ds in Rule .1205(b)(7)(A), 
fb) (7)(D). (f). a n d (g) of this S e ctio n , compliance shall b e 



dete 



eieirii i iied by ave r aging emissions ov er a o n e-hou r pe r iod. 
(d1 — Tlie owne r o r ope ra t or of a sewage sludg e inci n e r ato r 



.1204 SEWAGE SLUDGE AND SLUDGE 
INCINERATORS 

(a) Applicability. This Rule applies to sewage sludge and 
sludge incinerators. 

(b) Definitions. For the purpose of this Rule, the definitions 
in 40 CFR Part 503 shall apph m addition to the definitions in 
Rule . 1 202 of thus Section. 

(c) Emission Standards. 

( 1 ) The emission standards in this Rule apply to any 
incinerator subject to this Rule except where Rule 
.0524. .1 I 10, or .1111 oi' this Subchapter applies 
except that Subparagraphs (II) or (12) of this 
Paragraph shall control ui any event. 

(2) Particulate Matter. Any incinerator subject to this 
Rule shall comply with one of the following 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



193 



PROPOSED RULES 



emission standards for particulate matter: 

(A) For refuse charge rates helween 100 and 2000 
pounds per hour, the allowahic emissions rate 
for particulate inatter from any stack or 
chimney of any incinerator subject to this 
Rule shall not exceed the level calculated with 
the equation E=().002P, calculated to two 
significant figures, where "E" equals the 
allowable emission rate for particulate matter 
in pounds per hour and "P" equals the refuse 
charge rate in pounds per hour. For refuse 
charge rates of to lOO pounds per hour the 
allowable emission rate is (L2 pounds per 
hour. For refuse charge rales of 2000 pounds 
per hour or greater the alUiwable emission rate 
shall be 41) pounds per ht)ur. Compliance 
with this Part shall be determined by 
averaging emissions over a three-hour period. 

(B) Instead of meeting the standards in Part (A) of 
this Subparagraph, the owner or operator of 
any incinerat(^r subject to this Rule may 
cho()se to limit particulate emissions from the 
incinerator to 0.08 grains per dry standard 
cubic foot conected to J_2 percent carbon 
dioxide. In order to choose this opium, the 
owner or operator of the incinerator shall 
demonstrate that the particulate ambient air 
quality standards will not be \it)lated. To 
correct to J_2 percent carbon dioxide, the 
measured concentration oi particulate matter 
[s multiplied by 12 and divided by the 
measured percent carbon dioxide. 
Compliance with this Part shall be determined 
by averaging emissions over a three-hour 
penod. 

(3) Visible Emissions. Any incinerator subject to this 
Rule shall comply with Rule .0.'^2I ot this 
Subchapter for the control of visible emissions. 

(4) Sulfur Dioxide. Any incinerator subject to this Rule 
shall comply with Rule .0516 oi this Subchapter lor 
the control of sulfur di(>xide emissicins. 

(5) Odorous Emissions. Any incinerator subject to this 
Rule shall comply with Rule .0522 oi this 
Subchapter for tfie control oi odcMous emissions. 

(6) Hydrogen Chloride Any incineratc^r subject to this 
Rule shall control hydrogen chloride emissions such 
that they do not exceed four pounds per hour unless 
they are reduced by at least 90 percent by weight or 
to no more than 50 parts per million by volume 
corrected Xo seven percent (ixygen (dry basis). 
Compliance with this Subparagraph shall be 
determined by a\eraging emissions over a one^Tour 
period. 

(7) Mercury Emissions. Emissions oi mercury from any 
incinerator subject to this Rule are regulated under 
1 5ANCAC 2D .il 10. 

(8) Beryllium Emissions. Emissions oi beryllium from 



any incinerator subject 
under 15A NCAC 2D J 
(9) Lead Emissions. The c 
sewage sludge fed to , 
shall meet the requirei 
50,^.43(0. 
Other Metal Emissions 



(10) 



Oii 



to this Rule are regulated 

no. 

ally concentration of lead hi 
1 sewage sludge incinerator 
Tents specified in 40 CFR 

The daily concentration oi 
nium. and nickel m sewage 
dudge incinerator shall meet 
,xl m 4U CFR 503.43(d). 

owner or operator of any 
lis Rule shall demonstrate 
n . 1 100 oi this Subchapter 

20 .0700. 

ambient air quality standards 
) oi this Subchapter, the 
air quality standards, which 
age, m milligrams per cubic 
: i°C) and 29.92 inches (760 
, pressure and which are 
background concentrations. 



arsenic, cadmium, chro 
sludge fed to a sewage 
the requirements specifi 
Toxic Emissions. The 
incinerator subject to 
compliance with Sectu 
according t(> 15A NCA( 
Ainbient Standards. 

(A) In addition to the 
rn Section .04(i 
following ambic; 
are an annual avc 
meter at 77°F t2; 
mm) oi mercur , 
increments aboxi. 
shall apply aggre. 
facility subject to 

li) arsenic ant 

(ii) beryllium ; 
(iii) cadmium :_[ 
(iv) chromium 
compounci 

(B) When Subparagr, jih iJj ot' thus Paragraph and 
either Rule .05:4, .1110, 



:ately to all incinerators at a 


this Rule: 




compounds 


2.3x10" 


nd compounds 


4.1x10-" 


id compounds 


5.5x10" 


VI) and 






8.3x10-" 



iCi Ihe 



Subchapter regu 
more restrictise 
shall apply, no] 
Rule .0524. .11 1( 
to the contrary. 
The owner or 
incinerators sut 



.nil oi' this 

ale the same pollutant, the 
irovision for each pollutant 
.vithstanding proNisions oi 
. or .11 II oi this Subchapter 

perator of a facility with 
lect to this Rule shall 
ipliance with the ambient 



'arts l_ij through (iv) of Part 
laragraph b\ following the 
^ut in Rule .11 06 of this 



(D) The 



demonstrate coi 

standards in Sub 

(A) oi this Sub 

procedures set \ 

Subchapter. Moi eling demonstrations shall 

comply with the requirements of Rule .0533 

oi' this Subchaptc \ 

The emission rai 



les computed or used under 
bparagraph that demonstrate 



Part tCj oi' tins Sj 

compliance with the ambient standards under 

Part (Al t>r this > \ 

in ihe permit for 

subject to this 

einission limits i 



.1111 oi this 

restrictive rates, 
(d) Operational Standards . 
( 1 ) The operaticinal standai 
to any incinerator su 



■ ubparagraph shall be placed 

-he facility with incinerators 

Rule as their allowable 

niess Ruie .0524. .1110. or 

Subchapter requires more 



Is rn this Rule do not apply 
iject to this Rule where 



194 



NORTH CAROLINA REGISTER 



August!, 1999 



14:3 



PROPOSED RULES 



operational standards in Rule .0524. .1110. or .1111 of this 
Subchapter apply. 

(2) Sewage Sludge Incinerators. 

(A) The maximum combustion temperature for a 
sewage sludge incinerator shall be placed in 
the permit and based on information obtained 
during the performance test of the sewage 
sludge incinerator to determine pollutant 
control efficiencies. 

(B) The values for the operational parameters for 
the sewage sludge incinerator air pollution 
control device(s) shall be placed in the permit 
and be based on information obtained during 
the performance test of the sewage sludge 
incinerator to determine pollutant control 
efficiencies. 

(C) The monthly average concentration for total 
hydrocarbons, or carbon monoxide as 
provided in 40 CFR 503.40(c). in the exit gas 
from a sewage sludge incinerator stack, 
corrected to zero percent moisture and seven 
percent oxygen as specified [n 40 CFR 
503.44. shall not exceed 100 parts per million 
on a volumetric basis using the continuous 
emission monitor required in Part (f)(3)(A) of 
this Rule. 

(3) Sludge Incinerators. The combustion temperature [n 
a sludge incinerator shal l not be less than I2(J0^F. 
The maximum oxygen content of the exit gas from a 
sludge incinerator stack shall be: 

(A) 12 percent (dry basis) for a multiple hearth 
sludge incinerator. 

(B) seven percent (dry basis) for a tluidized bed 
sludge incinerator. 

(C) nine percent (dry basis) for an electric sludge 
incinerator, and 

(D) 12 percent (dry basis) for a rotary kiln sludge 
incinerator. 

(e) Test Methods and Procedures. 

( 1 ) The test methods and procedures described in Rule 
.0501 of this Subchapter and m 40 CFR Part 60 
Appendix A and 40 CFR Part 6i Appendix B shall 
be used to determine compliance with emission rates. 
Method 29 of 40 CFR Part 60 shaU be used to 
determine emission rates for metals. Method 29 
shall be used to sample for chromium (VI). and SW 
846 Method 0060 shall be used for the analysis. 

(2) The Director may require the owner or operator to 
test his incinerator to demcinstrate compliance with 
the emission standards listed in Paragraph (c) of this 
Rule. 

(3) The owner or operator of a sewage sludge 
incinerator shall perform testing to determine 
pollutant control efficiencies cvf any pollution control 
equipment and obtain information on operational 
parameters, including combustion temperature, to be 



placed in an air quality permit, 
(f) Monitoring. Recordkeeping, and Reporting. 

( 1 ) The owner or operator of an incinerator subject to 
the requirements of this Rule shall comply with the 
monitoring, recordkeeping, and reporting 
requirements in Section .0600 of this Subchapter. 

(2) The owner or operator of an incinerator subject to 
the requirements of this Rule shall maintain and 
operate a continuous temperature monitoring and 
recording device for the primary chamber and, where 
there is a secondary chamber, for the secondary 
chamber. The owner or operator of an incinerator 
that has installed air pollution abatement equipment 
to reduce emissions of hydrogen chloride shall 
install, operate, and maintain continuous monitoring 
equipment to measure pH for wet scrubber systems 
and rate of alkaline injection for dry scrubber 
systems. The Director shall require the owner or 
operator of an incinerator with a permitted charge 
rate of 750 pounds per hour or more to install, 
operate, and maintain continuous monitors for 
oxygen or for carbon monoxide or both as necessary 
to determine proper operation of the incinerator. The 
Director may require the owner or operator of an 
incinerator with a permitted charge rate of less than 
750 pounds per hour to install, operate, and maintain 
monitors for oxygen or for carbon monoxide or both 
as necessary to determine proper operation of the 
incinerator. 

(3) In addition to the requirements of Subparagraphs ( 1 ) 
and (2) of this Paragraph, the owner or operator of a 
sewage sludge incinerator shall: 

(A) install, operate, and maintain, for each 
incinerator, continuous emission monitors to 
determine the following: 



ill 



ill} 
(111) 



total hydrocarbon concentration of the 

incinerator stack exit gas according to 

40 CFR 503.45(a) unless the 

requirements for continuously 

monitoring carbon monoxide as 

provided m 40 CFR 503.40(c) are 

satisfied: 

oxygen content of the incinerator stack 

exit gas: and 

moisture content of the incinerator 

stack exit gas; 



tBj 



(C) 



monitor the concentration of beryllium and 
mercury from the sludge fed to the incinerator 
at least as frequently as required by Rule 
.1110 of this Subchapter but m no case less 
than (mce per year: 

monitor the concentrations of arsenic, 
cadmium, chromium, lead, and nickel ui the 
sewage sludge fed to the incinerator at least as 
frequently as required under 40 CFT^ 
503.46(a)(2) and (3); 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



195 



PROPOSED RULES 



(D) determine mercury emissions by use of 
Method 101 or lOlA of 40 CFR Part 6L 
Appendix B, where applicable to 40 CFR 
61.55(a); 

(E) maintain records of al] material required under 
Paragraph (e) of this Rule and this Paragraph 
accordmg to 40 CFR 503.47: and 

(F) for class I sludge management facilities (as 
defined in 40 CFR 503.9). POTWs (as dellned 
in 40 CFR 501.2) with a design How rate 
equal to or greater than one million gallons 
per day, and POTW's that serve a population 
of 10.000 people or greater, submit the 
information recorded in Part (D) of this 
Subparagraph to the Director on or before 
February 19 of each year. 

(g) Excess Emissions and Start-up and Shut-d(iwn. All 
incinerators subject to this Rule shall comply with Rule .0535. 
Excess EmissKins Reporting and Malfunctions, of this 
Subchapter. 

fal — The owner or operator of an inci n e r ato r subj e ct to the 
r eq uire ments of t h i s Se ct i o n shall comply with the monito r ing, 
recordkeeping, and reporting requirements in Section .0600 of 
this Subchapter. 

th) — Tlie owne r o r o p e r a t o r of an incinerator, except an 
in c i ne r ato r m eeti n g the r e qu ire me n ts o f — 15A NCAC 2D 
.1201(c)(4). — shafi — ma i ntain — and — operate — a — continuous 
temperature monitoring and recording device fo r th e p r imary 
c h a m be r a n d. w h e r e th er e i s a seco n da r y c h ambe r , fo r the 
seco n da r y cha mb e r . — Tl i e Director may requi r e a temperature 



rrr 



;n ts o f 



oniloring device t or incinerators meeting the require i ner 
I 5A NCAC 2D .1201(c)(4). — The owner o r ope r ato r of a n 
i n c in erator that has ins t all e d a ir p ollutio n a b a tem e n t equipment 
t o r educe emissions of h y d r ogen chloride shall install, operate. 
and ma i ntain continuous monitoring equipme n t to m easu r e pH 
for wet scrubber systems a n d r ate of alkalin e inject i on fo r d r y 



sc r un n e r systems. — ine uir c ctor snail require tnc owner or 
ope r ato r of an incinerator with a permitted charge rate of 750 
pounds per hour or more to install, ope r ate, and mainta in 
continuous monito r s f or oxygen or fo r carbon monoxide or 
both — a^ — nece ssa r y — to d c t e iinine | ' )ioper operation — of the 
in ci ner ator. The Di r ector may require t h e owner or operator of 
a n i ncin e ra tor wi th a perm i tted c h a r ge r ate of l e ss than 750 
pounds per hour t o ins tall, o p e r ate, a n d m ai nt a i n monito r s for 
oxygen or for ca r bon mo n oxide o i — both as necessary to 
de te r mine proper o p e r ation of the incinerator. 

(c) In add it io n to the r equiremen t s of Pa r ag r a p hs (a) a n d (b) 
of th i s Rule, t he owner o r o p e r ato r of a sewag e sludge 
i n cine r ator shall : 

Hi install, operate, and m aintain, for each incinerator. 

cont i nuous — em i ssion — mo n ito rs — to — determine — the 
following: 

tM ttitai — hydrocarbon — c o n centration — of — the 

inc i nerator stack exit gas in acco r dance w i th 
40 CFR 503.45(a) un l ess the r equi r em en ts for 
continuous l y monito ri ng ca rb on m o no x i de as 
p r o\id e d in 40 CFR 503.40(c) ar e satisfied; 



(fr) oxygen concentration of tlie incinerat or stac k 

exit gas; and 
t€^^ moisture content of the incinerator stack exit 

gas; 

tii m o n itor the concentrations of be r ylliu m and me rc u r y 

fr o m th e sludge fed t o th e incinerato r at least as 
frequently as required under Rule .1110 of this 
Su b chapte r hut in no case l ess tha n once pe r yea r ; 



t^ 



mo n itor the 



i itor tnc concentrations ot a r senic, cadmium. 

chromium, lead, and nickel in t he sewag e sludge fed 

to the inci n erator at least as f r eq uen tly as requir e d 

under 40 CFR 503.46(a)(2) a n d (3); 
("4l determine mercury emissions by use of Method 101 

o r 101 A of 40 CFR P a rt 61. App en dix D. where 

applic ab le to 40 CFR 61 .55(a) ; 
t5-) ma in tain records of all material required under Rule 

.1203 and .1204 of this Section in accordance with 

40 CFR 503.47; and 



t&i 



fo r cl ass I sludge management facilities (as d e fi n ed 
in 40 CFR 503.9). POTVv^ (as defined in 40 CFR 



fm 



1.2) with a d e s i gn flow ra te equal t o o r g r eate r 
than one million gallons per day. and POTWs that 



serve a population ol — 10.000 people or greater. 

sub m it th e information r eco r ded i n Su b parag r aph 

(c)(4) of this Rule to the D ir ector o n o r befo r e 

F e b r ua r y 19 of each year. 

(d) In addition to the requirements of Paragraphs (a) and (b) 

of this Rule, the owner or operator of a small or large 

munic ip al waste co m busto r plant shall : 

til i n s t all, op e r ate, a n d mainta in , f o r each mu n icipal 

waste combustor. continuous emission monitors to 
determine the follow i ng : 

tTV) op acity in ac c ordanc e with 40 CFR 6 0.58b(c). 

(-&1 sulfur dioxide in accordanc e w ith 40 CFR 

60.58 h (e). 

td nit r og e n dioxide in accordance with 40 CFR 

6 0.58b(h). — ( Tills requi r ement applies only to 
large municipal waste combusto r plants), 
maintain records of the iiifoiniation listed in 40 CFR 
6 0. 59b. Pa r ag r aphs (d)(1) through (d)(l5) for a 
period of at least \'\\e yea r s. 



et- 



t5l following the i nitial complia n ce t e sts as requi r ed 

unde r — Rtifr — . 1 203 — of this — Section. — strtmrrt — the 
inf or mation specified in 40 CFR 60.59b. Parag r aphs 
(f)(1) through (f)(6). i n the initial perfoimance lest 
report. 



t4i f 



ig the f i rst year o f m u ni c ip al combustor 



ollowing tne tirst yea r oi — m u ni c ip al co r 
operatio n , submit an annual re p ort i n cluding the 
i n l o r mation specified in 40 CFR 60.59h. Parag r aphs 
(g)(1) th r oug h (g) ( 4). as applica b le, no late r t h a n 
February 1 of each y ear fo l lowing the ca lenda r y e a r 
in which t he data we r e collected. — Once the u n it is 
sub j ect to perm i tting requi r ements under 15A NCAC 
2Q. 0500. Title V Procedu r es, the owne r or operato r 
of an affected facility must submit these reports 
se miannual l y. 
t5l su b mit a semiannual report th at inc l udes infoimatio 'i 



196 



NORTH CAROLINA REGISTER 



August!. 1999 



14:3 



PROPOSED RULES 



specified i n 40 CFR 60.59b. Pa r ag r aphs (li)(l) through (h)(5), 
t 'oi - any r ecord e d pollu t a n t or parame t er t hat do e s not c t imp ly 
witl i tlie pollutant or parameter Hm i l spcci t led in this Section, 
according to th e schedule specified in 40 CFR 60.59b(h)(6). 

(e) In addi t ion to the requirements of Pa r agraphs (a) and (h) 
of this Ru l e, th e owner or ope r ator of a HMIWI shall co m p l y 



I ts list e d in 40 



witli the recording ana reco r dke e pmg requnements list e d m 

CFR 60.58c(b). (c). (d). (e). and (f), excluding 40 CFR 

60.58c(b)(2)( ii ) a n d (b) (7 ). 
tf) — I n addi t ion to th e requiremen t s of Pa r ag r aphs (a I. (b). 

and (e) of t his Rule, the own er or op era t or of a small r e mot e 

HMIWI shall : 

(+) m ain t ai n — re co r d s — of — the — annual — equipment 

inspections. — any — required — maintenance, and — any 
repairs — not — completed — within — fO — days — of — an 
inspec t ion; 



&- 



t3l 



submit — an — annual — report — contain i ng — in for m atio n 
recorded in Subpa i' ag r ap h ( 1 ) of t h is Parag r aph to the 
Directo r no late r tha n 60 days following the year in 
w hich da t a we r e collected. Su b s e quent reports shall 
he s en t n o l a t e r tha n 12 calendar months fol l owing 
t he previous report. — The report shall be signed by 
th e HMIWI manager: and 

submit t he reports required by Subparagraphs ( I ) 
and — til — of — this — Paragraph — to — the — Director 
semiannually once the HMIWI is su b ject to the 
permitting procedures of 15A NCAC 2Q .0500, Title 
V Procedu r es. 



(g) Waste Management Guidelines. Tl i e owner or operator 
of a HMIWI shal l comply with the requirements of 40 CFR 
Pa r t 60.55c for the preparation and submittal of a waste 

ttr) — Except as p r ovided in Paragraph (i) of this Rule, the 
owner or operator of any HMIWI shall comply with the 
mo ni to ri ng r equ ir ements in 40 CFR Part 60.57c. 
t-H~ Th e own er or operator of any small remote HMIWI - shall : 

th i nstall, calibrate, maintain, and opera t e a device for 

me asu ri ng and recording the temperature of the 
seconda r y chamber on a continuous basis, the output 
of which shall he record e d, at a minimum, once 
e v er y m i nute th r oughout ope r ation. 

t^l i nstall, c al ib rat e, maintain, and operate a device 

which a u to matic ally measures and records the date, 
t i m e, a n d weight of eac h charge fed into the HMIWI. 

f3l o bta in m o n itori n g data at all times during HMIWI 

opera t ion — except — dtrrfrrg — periods — of — monitoring 
equipment malfunc t io n , calib rati on, o r r epai r . — At-a 
minimum, valid monitor in g data shall h e obtai n ed 
fo r 75 perc e n t of the operati n g hou r s pe r day and for 
90 p er cent of the operating hou r s pe r cal e nda r 
qua rt e r that the HMIWI i s co mb ust in g hosp i ta l: 
me d ica l and infectious waste. 



Aiirlwrln G.S. 143-215. 3ia)( 1 ): 143-215. I07(a)i4).i5j. 
.1205 MUNICIPAL WASTE COMBUSTORS 



(a) Applicability. This Rule applies to municipal waste 
comhuslors. 

(b) Definitions. For the purpt)se of this Rule, the definitions 
contained m 40 CFR 60.51b shall appl\ in addition to the 
definitions m Rule .1202 ot this Section. 

(c) Emission Standards. 

( 1 ) The emission standards in this Rule apply to all 
incinerators subject to this Rule except where Rule 
.0524. .1 1 10, OT .1111 of this Subchapter applies 
except that Subparatiraphs (13) oi ( 14) of this 
Paragraph shall control in any event. 

(2) Particulate Matter. 

(A) Emissions of particulate matter from each 
municipal waste combuslor located at a small 
municipal waste combustor plant shall not 
exceed 70 inilliiirams per dry standard cubic 
meter, corrected to seven percent oxytien. 

(B) Emissions of particulate matter trom each 
large municipal waste combustor shall not 
exceed 27 milligrams per dry standard cubic 
meter corrected to seven percent oxygen. 

(3) Visible Emissions. 

(A) The emission limit for opacity from any 
municipal waste combustor shall not exceed 
10 percent (6-minute average). 

(B) Air curtain incinerators shall comply with 
Rule .1904 of this Subchapter. 

[4] Sulfur Dioxide. 

(A) Emissions of sulfur dioxide from each 
municipal waste combustor located at a small 
municipal waste combustor plant shall be 
reduced by at least 50 percent by weight or 
\olume or to more than 80 parts per million 
by volume corrected to seven percent oxygen 
(dry basis), whichever is less stringent. 
Compliance with this emission limit is based 
on a 24-hour daily geometric mean. 
Emissions of sulfur dioxide from each large 



(BJ 



municipal waste combustor shall be: 
ill reduced by at least 75 percent by 
weight or Nolume. or to more than 31 
parts per million by volume corrected 
to seven percent oxygen ( dry basis), 
whichever is less stringent, by August 
L 2000. Compliance with this 
emission limit is based on a 24-h(iur 
daily geometric mean: and 
reduced by at least 75 percent by 
weigh! (ir volume, or to more than 29 
parts per millit)n by volume corrected 
to seven percent oxygen (dry basis), 
whichexer is less stringent, by August 



m 



2002 



_ Compliance with this 

emission limit is based on a 24-hour 



13] 



daily geometric mean. 
Nitrogen Oxide. 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



197 



PROPOSED RULES 



(A) Emissions of nitrogen oxide from eacli large 
municipal waste combustor shall not exceed 
the emission limits [n Table 1 of Paragraph (d) 
of 40 CFR 60.33b. Nitrogen oxide emissions 
averaging [s allowed as specified in 40 CFR 
60.33b(d)(l)(i) through (d)(l>(v). Nitrogen 
oxide emissions control is not required for 
municipal waste combustors located at small 
municipal waste combustor plants. 

(B) In addition to the requirements of Part (A) of 
this Subparagraph, emissions of nitrogen 
oxide from fluidized bed combustors located 
at a large municipal waste combustor shall not 
exceed 180 parts per million by volume, 
corrected to seven percent oxygen, by August 
L, 2002. If nitrogen oxide emissions 
averaging is used as specified in 40 CFR 
60.33b(d)(l)(i) through (d)(l)(V). emissions 
of nitrogen oxide from tluidized bed 
combustors located at a large municipal waste 
combustor shall not exceed 165 parts per 
million by volume, corrected to seven percent 
oxygen, by August 1. 2002. 

(6) Odorous Emissions. Any incinerator subject to this 
Rule shall comply with Rule .0522 of this 
Subchapter for the control of odorous emissions. 

(7) Hydrogen Chloride. 

(A) Emissions of hydrogen chloride from each 
municipal waste combustor at a small 
municipal waste combustor plant shall be 
reduced by at least 50 percent by weight or 
volume or to no more than 250 parts per 
million by volume corrected to seven percent 
oxygen (dry basis), whichever is less 
stringent. Compliance with this Part shall be 
determined by averaging emissions over a 
one-hour period. 

(B) Emissions of hydrogen chloride from each 
large municipal waste combustor shall be: 

til reduced by at least 95 percent by 
weight or volume, or to no more than 
31 parts per million by volume, 
corrected to seven percent oxygen (dry 
basis), whichever is less stringent, by 
August Jj 2000. Compliance with this 
emission limit shall be determined by 
averaging emissions over a one-hour 
period; and 

(ii) reduced by at least 95 percent by 
weight or volume, or to no more than 
29 parts per million by volume, 
corrected to seven percent oxygen (dry 
basis), whichever is less stringent, by 
August L, 2002. Compliance with this 
emission limit shall be determined by 
averaging emissions over a one-hour 
period. 



(8) Mercury Emissions. Emissions of mercury from 
each municipal waste combustor shall be reduced by 
at least 85 percent by weight or shall not exceed 0.08 
milligrams per dry standard cubic meter, corrected to 
seven percent oxygen, whichever is less stringent. 
Compliance with this Subparagraph shall be 
determined by averaging emissions over a one-hour 
period. 
Lead Emissions. 



m 



(10) 



LLQ 



(A) Emissions of lead fiom each municipal waste 
combustor at a small municipal waste 
combustor plant shall not exceed 1.6 
milligrams per dry standard cubic meter, 
corrected to seven percent oxygen. 

(B) Emissions of lead from each large municipal 
waste combustor shall not exceed 0.49 
milligrams per dry standard cubic meter, 
corrected to seven percent oxygen, by August 
li 2000 and shall not exceed 0.44 milligrams 
per dry standard cubic meter, corrected to 
seven percent oxygen, by August 1. 2002. 

Cadmium Emissions. 



lAi 



tBj 



Emissions of' cadmium from each municipal 
waste combustor at a small municipal waste 
combustor plant shall not exceed 0.10 
milligrams per dry standard cubic meter, 
corrected to seven percent oxygen. 
Emissions of cadmium from each large 
municipal waste combustor shall not exceed 
0.040 milligrams per dry standard cubic 
meter, corrected to seven percent oxygen. 
Dioxins and Furans. 

(A) Emissions of dioxins and furans from each 
municipal waste combustor located at a small 
municipal waste combustor plant shall not 
exceed 125 nanograms per dry standard cubic 
meter (total mass ) corrected to seven percent 
oxygen. 

(B) Emissions of dioxins and furans from each 
large municipal waste combustor shall not 
exceed: 

lij 60 nanograms per dry standard cubic 
meter (total mass) corrected to seven 
percent oxygen for facilities that 
employ an electrostatic precipitator- 
based emission control system, or 
(ii) 30 nanograms per dry standard cubic 
meter (total mass) corrected to seven 
percent oxygen for facilities that do not 
employ an electrostatic precipitator- 
based emission control system. 
(12) Fugitive Ash. 

(A) On or after the date on which the initial 
performance test is completed, no owner or 
operator of a municipal waste combustor shall 
cause to be discharged to the atmosphere 
visible emissions of combustion ash from an 



198 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



ash conveying system (including conveyor transfer points) jji 
excess of five percent ot' the observation period (i.e.. nine 
minutes per three-hour period), as determined by EPA 
Reference Method 22 observations as specified m 40 CFR 
6().58b(k). except as provided in Parts (B) and [Cj of this 
Subparagraph. 

(B) The emission limit specified in Part (A) of this 
Subparagraph covers visible emissions 
discharged to the atmosphere from buildings 
or enci()sures. not the visible emissions 
discharged inside of the building or 
enclosures, of ash conveying systems. 

(C) The provisions specified m Part (A) ol this 
Subparagraph do not apply during 
maintenance and repair ot' ash conveying 
systems. 

(13) Toxic Emissions. The owner or operator of a 
municipal waste combustor shall demonstrate 
compliance with Seciit)n . 1 1 00 of this Subchapter 
according to I5A NCAC 20 .0700. 

( 14) Ambient Standards. 

(A) In addition to the ambient air quality standards 
in Section .0400 of this Subchapter, the 
following ambient air quality standards, which 
are an annual average, in milligrams p er cubic 
meter at 77 "F (25°C) and 29.92 inches (760 
mm) of mercury pressure, and which are 
increments above background ccincenlrations. 
shall apply aggregately to aj] incinerators at a 
facility subject to this Rule: 

ijj arsenic and compounds 2.3x10"^ 

(ii) ber\llium and compounds 4.1x10"'' 

(iii) cadmium and compounds 5.5x10'' 

(iv) chromium (VI) and 

compounds 8.3x10'^ 

(B) When Subparagraph ( 1 ) of this Paragraph and 
either Rule .0524. .1110. or .1111 of this 
Subchapter regulate the same pollutant, the 
more restrictive provision for each pollutant 
shall apply, notwithstanding provisions of 
Rule .0524. . 1 1 1 0. or . 1 1 1 1 of this Subchapter 
to the contrary. 

(C) The owner or operator of a facility with 
incinerators subject to this Rule shall 
demonstrate compliance with the ambient 
standards in Subparts ijj through ( i v ) of Part 
(A) of this Subparagraph by folhiwing the 
procedures set out in Rule . 1 106 of this 
Subchapter. Modeling demonstrations shall 
coinpK with the requirements of Rule .0533 
of this Subchapter. 

(D) The emission rates computed or used under 
Part (C) oi this Subparagraph that demonstrate 
compliance with the ambient standards under 
Part (A) of this Subparagraph shall be placed 
in the pennit for the facility with incinerators 



as their allowable emission limits unless Rule 
.0524. .1110. or .1111 ot' this Subchapter 
requires more restrictive rates. 

(d) Operaticmal Standards. 

( 1 ) The operational standards m this Rule do not apply 
to any incinerator subject to this Rule where 
operational standards in Rule .0524. .1110. or .1111 
of this Subchapter apply. 

(2) Each municipal waste combust(ir shall meet the 
following operational standards: 

(A) The concentration of carbon monoxide at the 
combustor ctutlet shall not exceed the 
concentration in Table 3 of 40 CFR 60.34b(a). 
The combustor technology named in this table 
is defined in 40 CFR 60.5 lb. 

(B) The load level shall not exceed 1 10 percent of 
the maximum demonstrated municipal waste 
combustor unit load, except as specified in 40 
CFR 60.53b(b)(l) and (b)(2). The maximum 
demonstrated municipal waste coinbustor unit 
load IS defined in 40 CFR 60.51b and the 
averaging lime is specified under 40 CFR 
60.58b(i). 

(C) The temperature at which the combustor 
operates, measured at the particulate matter 
control device inlet, shall not exceed 63" F 
above the maximum demonstrated particulate 
matter control device temperature, except as 
specified in 40 CFR 60.53b(c)(l) and (c)(2). 
The maximum demonstrated particulate 
matter control device temperature is defined in 
40 CFR 60.51b and the averaging time is 
specified under 40 CFR 60.58b(i). 

(3) Except during start-up where the procedure has been 
approved according to Rule .0535(jj) of this 
Subchapter, waste material shall not be U)aded into 
any incinerator subject to this Rule when the 
temperature is below the minimum required 
temperature. Start-up procedures ma\ be determined 
on a case-bv-case basis according to Rule .0535(g) 
of this Subchapter. Incinerators subject to this Rule 
shall have automatic auxiliary burners that are 
capable of maintaining the required minimum 
temperature in tfie secondary chamber excluding the 
heat content of ttie wastes. 

(e) Test Methods and Procedures. 

( 1 ) The lest tnethods and procedures described in Rule 
.0501 ill' this Subchapter and ni iii CFR Earl 60 
Appendix A and 40 CFR Part 61 Appendix B shall 
be used to determine compliance with emission rales. 
Method 29 ol' 40 CFR Part 60 sfiail he used to 
determine emission rates for metals. Method 29 
shall be used to sample for chromium ('V'l). and SW 
846 Method 0(J60 shall be used for the analysis. 
The Director may require the owner or operator of 
any incinerator subject to this Rule to lest his 



01 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



199 



PROPOSED RULES 



incinerator to demonstrate compliance witii the 
emission standards m Paragraph (c) of this Rule. 
(3) The owner or operator of a municipal waste 
combustor shall do performance testing accordinii to 
40 CFR 60.58b. For large municipal waste 
combustors that achieve a dio.xin and luran emission 
level less than or equal to J_5 nanograms per dry 
standard cubic meter total mass, corrected to seven 
percent oxygen, the performance testing shall be 
performed according to the testing schedule specified 
in 40 CFR 60.58b(g)(5)(iii). For municipal waste 
combustors at small municipal waste combustor 
plants that achieve a dioxin and furan emission level 
less than or equal to 30.0 nanograms per dry 
standard cubic meter total mass, corrected to seven 
percent oxygen, the performance testing shall be 
performed according to the testing schedule specified 
in40 CFR6().58b(g)(5)(iii). 
(f) Monitoring. Recordkeeping, and Repcirting. 

( 1 ) The owner or operator of an incinerator subject to 
the requirements of this Rule shall complx with the 
monitoring, recordkeeping, and reporting 
requirements in Section .0600 of this Subchapter. 

(2) The owner or operator of an incinerator subject to 
the requirements of this Rule shall maintain and 
operate a continuous temperature mcmitoring and 
recording device for the primary chamber and, where 
there is a secondar\ chamber, for the secondary 
chamber. The owner or operator oi an incinerator 
that has installed air pollution abatement equipment 
to reduce emissions of hydrogen chloride shall 
install, operate, and maintain continuous monit(iring 
equipment to measure pH for wet scrubber s\'stems 
and rate of alkaline injection for dry scrubber 
systems. The Director shall require the owner or 
operator of' an incinerator with a permitted charge 
rate of 750 pounds per hour or more to install, 
operate, and maintain continuous monitors for 
oxygen or for carbon monoxide or both as necessar\ 
to determine proper operation of the incinerator. The 
Director may require the owner or ciperator of an 
incinerator with a permitted charge rate of less than 
750 pounds p er hour to install, operate, and maintain 
monitors for oxygen or for carbon monoxide or both 
as necessary to determine proper operation of the 
incinerator. 

(3) In addition to the requirements of' Subparagraphs ( 1 ) 
and (2) of this Paragraph, the o^ner or operator of a 
municipal waste combustor shall: 

(A) install, operate, and maintain, for each 

municipal waste combustt)r. ccmtinuous 

cmissit)n monitors to determine the lolknying: 

tU opacity according to 40 CFR 60.58b(c). 

sulfur dioxide according to 40 CFR 



only to 
combustor 



large municipal waste 



1 



Lm 



(111) 



60.58b(e). 

nitrc^gen dioxide according to 40 CFR 

60.58b(h). (This requirement applies 



(B) maintain rec()rds of the information listed in 



(Ci 



ID] 



40 CFR 60.59b( 
period of at least 
following the i 
required under J 
submit the infciri 
60.59b(f)(l) thr; 
performance test 
following the 
combustor operai 
including the inli 
60.59b(gHl) thr> 
later than FebrUi 



the calendar ye; 
collected. Once 
pennitting require 
.05(,)0. Title V 



lEj 



operator of an 

these reports sem annually. 

submit a semia 



iXl) through (d)(15) for a 
i\e years. 

iitial compliance tests as 
■ aragraph (e) of this Rule. 
nation specified in 40 CFR 
ugh (f)(6). in tlie initial 
eport. 

first year of municipal 
on. submit an annual report 
'mation specified in 40 CFR 
l igh (g)(4). as applicable, no 
IT 1 of each year following 
[ in which the data were 
the unit is subject to 
ments under 15A NCAC 20 
Procedures, the owner or 
Ifected facility shall submit 



informati(in spec 
through (h)(5). f 
parameter that 
pollutant or para 
Section, accordin 



inual report that includes 
riedin40 CFR60.,59b(h)(l) 
T any recorded pollutant or 
oes not comply with the 
neter limit specified in this 
: to the schedule specified in 



40CFR60.59b(liM6). 



(g) Excess Emissions and Si 
incinerators subject to this Rule s^l 
Excess Emissions Reporting , 
Subchapter, 
(h) Operator Training and Ceri 
Ll) By January 1. 2000. or 
start-up of a municipal 
small municipal waste c 
later, and bv July 1, 199 
of start-up of a large 
whichever is later: 
(A) Each facility opei 
municipal waste 
maintain a cu 
certification fror 
Mechanical Engi 



(B) Each facility opci 



irt-up and Shut-down. All 
all comply with Rule .0535. 
nd Malfunctions, of this 

ication. 

SIX months after the date of 
vaste combustor located at a 
)mbustor plant, w hiche\'er is 
) or SIX months after tfie date 
nunicipal waste combustor. 



ator and shift supervisor of a 
combustor shall obtain and 
rent pro\ isional operator 
1 tlie American Society of 
eers(ASMEQRO-l-l994). 
itor and shift super\isor of a 
.' combustor shall have 



municip al vvasl 

completed full :ertificaii(>n or shall have 

scheduled a fuJJ certification exam with the 

American Sociel 

(ASMEQRO 



of Mechanical Engineers 
994). 



200 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



(C) The owner or operator of a municipal waste 
combustor plant shall not allow the facility to 
be operated at any time unless one of the 
following persons is on duty at the affected 
facility: 

£ij a fully certified chief facility operator. 
, (ii) a provisionally certified chief facility 
operator who is scheduled to take the 
full certification exam according to the 
schedule specified in Part (B) of this 
Subparagraph, 
(iii) a fully certified shift supervisor, or 
(iv) a provisionally certified shift supervisor 
who is scheduled to take the full 
certification exam according to the 
schedule specified in Part (B) of this 
Subparagraph. 
If one of the persons listed in this Part leaves 
the affected facility during their operating 
shift, a provisionally certified control room 
operator who is onsite at the affected facility 
may fulfill the requirements in this Part. 

(2) The owner or operator of a municipal waste 
combustor shall develop and update on a yearly basis 
a site-specific operating manual that shall at the 
minimum address the elements of municipal waste 
combustor unit operation specified in 40 CFR 
60.54b(e)(l ) through (e)(l 1 ). 

(3) By July 1 , 1999. or six months after the date of start- 
up of a municipal waste combustor. whichever is 
later, the owner or operator of the municipal waste 
combustor plant shall comply with the following 
requirements: 

(A) All chief facility operators, shift supervisors. 

and control room operators shall complete the 

EPA municipal waste combustor training 

course. 

(i) The requirements specified iji Part (A) 
of this Subparagraph shall not apply to 
chief facility operators, shift 
supervisors and control room operators 
who have obtained full certification 
from the American Society of 
Mechanical Engineers on or before July 
1. 1998. 

(ii) As provided under 40 CFR 
60.39b(c)(4)(iii)(B). the owner or 
operator mav request that the 
Administrator waive the requirement 
specified in Part (A) of this 
Subparagraph for the chief facility 
operators, shift supervisors, and control 
room operators who have obtained 
provisional certification from the 
American Society of Mechanical 
Engineers on or before July 1. 1998. 



(B) The owner or operator of a municipal waste 

combustor shall establish a training program 

to review the operating manual, according to 

the schedule specified in Subparts (jj and (ii) 

of this Part, with each person who has 

responsibilities affecting the operation oi an 

affected facility, including the chief facility 

operators, shift supervisors, control roc)m 

operators, ash handlers, maintenance 

personnel, and crane-load handlers. 

lil Each person specified in Part (B) of" this 

Subparagraph shall undergo initial 

training no later than the date specified 

in Items (I) through (III) of this 



m 



iC) The 



Subpart, whichever is later. 
(I) The date six months after the 
date of' start-up oi' the affected 
facility; 
(II) July I. 1999; or 
(III) The date prior to the day when 
t h e person assumes 
responsibilities affecting 
municipal waste combustor unit 
operation. 
Annually, following the initial training 
required tiy Subpart {\} of tfus Part, 
operating manual required by 
Subparagraph (2) of tliis Paragraph shall be 
kept in a readily accessible location for all 
persons required to undergo training under 
Part (B) of this Subparagraph. The operating 
manual and records of training shall be 
available for inspection by the personnel of 
the Division on request. 
The referenced ASME exam in this Paragraph is 
hereby incorporated by reference and includes 
subsequent amendments and editions. Copies of the 
referenced ASME exam may be obtained from the 
American Society of Mechanical Engineers 
(ASME). 22 Law Drive. Fairfield. NJ 07007. at a 
cost of forty nine dollars ($49.00). 
IjJ Compliance Schedules. 
( 1 ) The owner or operator of a large municipal waste 
combustor shall choose one of the following three 
compliance schedule options: 

(A) comply with all the requirements or close 
before August 1. 2000; 

(B) comply with all the requirements after one 
year but before three years following the date 
of issuance of a revised construction and 
operation permit, rt' permit modification is 
required, or after August J^ 2000. but before 
August Jj 2002. if a pennit modification is not 
required. If this option is chosen, then the 
owner or operator of ttie facility shall submit 
to the Director measurable and enforceable 



(4) 



14:3 



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August 2, 1999 



201 



PROPOSED RULES 



incremental steps ot progress towards compliance which 
include: 

tjj a date by which c^)nlracts for the 
emission control system or equipment 
shall he awarded or orders issued for 
purchase of component parts; 

(ii) a date by which on site construction, 
installation, or modification oi' emission 
control equipment shall hc^in; 

(iii) a date hy which on site construction, 
installation, or modification of emission 
contrt)l equipment shall he completed: 

(i\) a date for initial start-up of emissions 
control equipment; 

(V) a date lor initial performance test(s) of 
emission control equipment; and 

(vi) a date by which the facility shall be in 

compliance with this Section, which 

shall be no later than three years from 

the issuance of the permit; or 

(C) close between August I. 2000. and August 1. 

2002. If this option is chosen then the owner 

or operator of the facility shall submit to the 

Directt)r a ck)sure agreement which includes 

the date of the plant closure. 

(2) The owner or operator of a small municipal waste 
combustor plant shall comply with all requirements. 
or close, within three years following the date of 
issuance of a re\iscd construction and operation 
permit, it" a permit modification is required, or by 
August _!_. 2002. if a pennit modification is not 
required. 

[3) AM large municipal waste combustors for which 
construction, modification, or reconstruction 
commenced after June 26. 1987. but before 



September 19. 1994. shall comply with the emission 
limit for mercury specified in Subparagraph ( c )( 8 ) of 
this Rule and the emission limit for dioxin and luran 
specified in Part (c)( I 1 )(B) of this Rule within one 
year following issuance of a reyised construction and 
operation permit. U a permit modification is 
required, or by August 1. 2000. whichever is later. 
(4) The owner or operator shall certify to the Director 
within five days after ihe deadline, for each 
increment of progress, whether the required 
increment of progress has been met. 
tai — The emission standa r ds i n this Rule apply to all 
incinerators except whe r e Rule .0524. .1 110. or .1 1 1 1 of this 
Subchapter applies exce p t that Subpa r ag r aphs (p)(2) a n d (4) of 
this Rule shall control in any event. 
(b ) Particulate matter. 

Hi Haza r dous — wast e — i ncinerators — stttrH — meet — the 

p articulate — matter — re qui r eme n ts — of — 46 — CFR 
264.343(c). 



-The- 



h 



emissions of particulate — matter from eac 
m u n icipal — waste — combustor — located — at — a — small 
municipal waste c or nbusior plant shall not e xce e d 70 
milligrams per dry standard cubic m ete r , co rre cted t o 
se ven percent oxygen. 



e^^l The 



e m ission s — of particulate — matter — from — each 
mun i cipal — waste — co m busto r — located — at — a — targe 
municipa l waste com b usto r pla n t shall n ot exceed 27 
milligrams per dry standard cubic mete r co r rected to 
seve n perce n t oxyge n . 

(+) Conical in c in e r ators cove r ed by Rule .0523 of this 

Subchapter shall comply with that Rul e in s te a d of 
t h is Parag r aph. 

t5j — The emissio n s of part i culate matter from a HMIWI 
shall not exceed : 



Incinerator Size 



Allowable Emission Rate (mg/dscm) 
[co rre cted to seven p e r cent oxyge n ] 



Small 
MediuiT 



Large 



«5 
69 

34 



tfr) The emiss i o n s of p a r ticulate matt e r fr om any small remot e HMIWI shall not exc ee d 197 milligrams per d r y standa r d 

cubic m et e r, corrected to seven percent oxyg e n. 
fh Any incinerators not covered under Subparagraphs (1) th r ough (6| of this Paragraph shall comply with o ne of the 

following em i ss i on standards for p a rti culate matter: 

tk) The emission of pa r ticulate matte r f r om any stack or chimney of an incinerator shall not exce e d : 



Refuse Cha r ge (Ih/hou r ) 
Oto 100 

ZUU 



Allowable Emission Ra t e (Ib/liour) 
6:2 



202 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



cr\f\ 

1 ,uuu 
2,000 and Abov e 



ire 

4:6 



rcr 



Foi — a — refuse — charge — betw e en — any — Two 
consecutive ra t es staled in t he pre c e d in g ta bl e. 
the a l lciv^able e mi s si o n s rate for particulate 
matter s h all h e caiculal c d by the equatio n 

E-0.002P. I 2=allowable e mission rate for 

p a r t i c u late ma t ter in lb/hour. P-refuse charge 
in lb/hour. 

tfil Instead of meeting the standa r ds in Pa r t (7)(A) 

of this Paragraph, the owne r o r ( ope r ato r of an 
i n ciner ato r m ay c h oose to l imi t pa r ticu l ate 
e missions fr o m th e i nc in e r ato r to 0.08 g r ai n s 
p er d r y standard cub i c foot cor r ected to 12 
percent c arbon d i ox i d e. — In order to choose 
this option, the owner or operator of the 
incinerator — stefl — demonstrate — that — the 
particulate ambie n t air quality standards will 
not be violated. — To correct to 12 percent 
carbon dioxide, the measured concentration of 
particulate matter is multipl i ed by — 12 and 
divided — by — the — m e asur e d — percent — c arbon 
dioxide. 
Sulfur dioxide. 



The emissions of sulfu r dioxide from each munic i pal 
waste combus t or lo c ated at a small municipa l waste 
combustor plant shall be r e duced by at least 50 
p e r cent by weigh t or volume or to no more than 80 
pa rts p e r million by volume co r rected to seven 
p e r ce nt — oxygen — rtlry — basis). — whichever — t^; — less 



string en t. — Co mp l i a nc 



nngent. — co mp l i a n ce witn tnis emiss i on l i mit is 
b ased on a 24-hou r daily geometric mean. 
Tlie e m issions of sulfur dioxide from each municipal 
waste combust or located at a large mun i cipal waste 
combusto r plant shall be reduced by at least 75 
pe r c en t b y w ei ght o r volume or to no more than 31 



p arts per m illi on b y volume 



volume corrected to seven 
percent — oxyge n — tttry — basis). — whiche\ ' er — ii; — less 
stringent. — Co mp lia n ce with this emission limit is 
based on a 24-h o ur daily geometric mean. 



t3l The emissions of sulfu r dioxide from an\ HMIWI 

shall not exceed 55 parts p er millio n cor r ected to 

seven percent oxygen (d r y b asis). 
t4l Any incinerator not cov ere d u n de r Subpa r ag r aphs 

( I ) through (3) of this Pa r ag r aph s h all comply with 

Rule .05 16 of this Subchapter. 
( d) Visib l e emissions. 
Hi The emission l i mit of o p a ci ty from each municipal 

waste — combustor — located — at — a — smtrH — or — large 

m un i ci p al waste combusto r plant shall not exceed 10 

p erce n t l6-minute average). 



tH .Mr curtain incin e ra t ors shall c omply with Rule .1904 

of t his Subchapter : 

&) On — and — after — the — date — on — whrch — the — initial 

p e rformance t e st is m iii pleted. the ow ne r or operator 
of any HMIWI shall n ot ca use to be discha r ged i n to 
the atm o s phere fr om th e stack of the HMIWI any 
gases that exhib i t g re ater th a n 10 perc e nt opacity (6- 
minute b l ock average). 

(4) Any i n cinerator no t cove r ed unde r Paragraphs (I) 

through (3) of this Paragraph shall comply wi t h Rule 
.0521 of th i s Sub chapt e r. 

(e) Odorous emissions. Incine r ators shall comply with Rule 
.0522 of this Subchapte r . 

(f) Hydrogen chloride. 



Hi — The emissio n s of hvdr 



h 



J r oge n cnionde irom eac 
municipal waste co mb usto r at s m all municipal waste 
combustor plants shall b e re duced by at least 50 
percent by weight o r volume o r to no more than 250 



-br- 



pails per mi l lion 
percent — oxygen — ttfry 
stringent. 



v ' olume corrected to seven 
b as i s). — whichever — is — less 



t2i — The emissions of hyd r og en chlo r ide — from each 
municipal wast e combusto r at large municipal waste 
combustor pl a n ts shall be re duced by at least 95 
percent by w e ight ( ir volum e or to no more than 31 
parts per million by vol u me, corrected to seven 
percent — oxyg en — fdry — basi s). — whichever — is — less 
stringent. 

t3i Hazardous — wast e — incinerators — shah — meet — the 

hydroge n chlo ri de emissions requirements of 40 
CrR 264.343(b). 



(4) 



The emissions of h y d r og en chloride from any small, 
medium, or la r ge HMIWI shall be reduced by at least 



95 



than 



percent n y wc i gni o r volume o r to no more 
100 parts p e r m i ll i o n b y vo l ume co r rected to se\ ' en 
percent — oxygen — (-dry — b as i s). — whichever — rs — less 
stringent. 

(51 The em i ss i ons of hyd r oge n chlo r ide f r om any small 

r emote HMIWI shal l not exc e ed 3100 pa rt s p e r 
million by volume co rr ected to s e ve n p e r c e nt oxyg en 
(dry basis). 

t&i Emissions of hydrogen — chloride — from — aH — other 

inci n e r ators shall not exceed four pounds per hour 
u n less it i s red uc ed b y at least 90 percent by weight 
o r to n o mor e th an 50 parts per million by volume 
c o iT ected to seven p e rc e nt oxygen (dry basis), 
(g) Mercury emissions. 

trh Emissions of me r cu r y from each m u ni ci p al waste 

combus t or at a small o r large municipal — waste 



14:3 



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August 2, 1999 



203 



PROPOSED RULES 



combustor plant shall be reduced by at least 85 
percent — by — weig h t — or — shatl — nrrt — e xceed — 0:08 
mil l igrams per dry standa r d cubic m ete r , co rre cted t o 
seven percent oxygen, whichever is less s t ringent. 



m- 



sludg e in c in e r ators and 



ij.miss i o n s ol mercu r y t r om si 

sewage sludge incine r ato r s are r e gulated under 15A 

NCAC2D.1110. 

(-fV) Emissions of me r cu r y ti n m any small, med i um, or 

large HMIWl shall b e re duced by at least 85 pe r ce n t 



by 



weight or shall not exc eed 0.55 m i ll i g r a m s pe r 
dry standard cubic met er , cor r ected t o sev en pe r c e nt 
oxygen, whichever is less stringent. 



(41 Emissions — of mercury — from — arty — small — remote 

HMIWI shall not exceed 7.5 milligrams per dry 
sta n dard cubic met er , co rr ected t o s e ve n pe r ce n t 

t5l Emissions of mercury a n d m er cury compounds from 

the — stack — or — chimney — of — a — hazardous — waste 
incinerator — or — arry — o t her — type — i ncinerato r — not 
identi f ied in Subparagraphs (g)(1) t hrough (g) ( 4) of 
th i s Pa r ag r aph sh a ll not exceed 0.032 pounds pe r 
hour. 
(h) Dei7llium Emissions. Beryllium emissions from sludge 
in c i ne r at or s a n d s e wage sludg e i n c in e r ato r s shall comply with 
15A NCAC .1110 of thi s Su b cha pt e r , 
(i) Lead Emissions. 

(+) Emissions — of — tead — from — each — municipal — waste 

combusto r at a s m all munic ip al waste combustor 
pfartt — shaH — not exceed — l.G milligrams per dry 
standard cubic meter, corrected to seven percent 
oxygen. 
(21 — Em i ssio n s of lea d — from — each — municipal — waste 
co mb usto r at a large municipal waste combustor 
p la n t shall — n ot ex ce ed 0.49 millig r ams pe r d r y 
standard cubic m e t er , co rrect ed to seven percent 

(31 The daily concentration of lead in sewag e sludge fed 

to a — s e wage — sludg e — inc in e r ato r — sfrafi — meet — the 
re qu ir emen t s s p e c ified in 40 CER 503.43(c). 

(4l Emissio n s of lead from any small, medium, or large 

IIMIWI shall be reduc e d by a t least 70 percent by 
we i ght or shall not exc ee d 1 .2 millig r ams pe r d r y 
s t andard cubic m e t er , corrected to seven percent 
oxygen, whichever is less stringent. 

(51 Emissions of lead from any small rem ote HMIWI 

shall not exceed 10 mill i g r ams per d r y standard 
cubic mete r , co rre cted to seven percent oxygen. 
(j) Cadm i um Em i ssio n s. 

(t1 Emissions of cadmium from each municipal waste 

combus t or at a small mun i cipal waste combustor 



plant shall not 



snail — not exce e d ti.iu mi llig r a m s p er d r y 
sta n dard cubic meter, co rr ected to seven pe r cent 

f2l Emissions of cadmium f r o m each municipal waste 



combu s to r at a l ar g e munic i pal waste combustor 
plant shall n ot e xc e ed 0.040 m illigrams pe r d ry 
standard cubic me te r , co rr ected to seven percent 
oxygen. 

(31 Emissions of cadmium from a n y small, medium, or 

large HMIWI shall be reduc e d by at least 65 percent 
by weight or shall not exceed O.IC milligrams per 
diT standard cubic meter, co rr ec t ed to s eve n percent 
oxygen, w h ichev er i s l e ss s tr ingent. 

t4l Emissions of cadmium from any small remote 

HMIWI — sftah — not exc e ed 4 milligrams per dry 

s ta n da r d cubic m ete r , cor r ected to seven percent 

oxygen. 

(k1 — Other M e tal Emissions. — Tlie daily concentration of 

a r senic, cadmium, chromium, and nickel in sewage sludge fed 

to a sewag e sludg e incinerator shall meet the requi r ements 

specified in 4 CER 50 3.43(d). 

( 1 ) Tlie owne r or o p e r ato r of an inc iner a t o r shall demo n st r a t e 
compliance — with — Section — . 1 100 — of — this — Subchapter — in 
acco r dance with 15A NCAC 2Q .0700. 
(m) Dioxins and Fu r ans . 

(+1 The em i ss i ons of diox in s and furans fro m each 

municipal — waste — combusto r — l ocate d — at — a — s m a ll 
municipal waste combustor plant shall not exceed 
125 na n og r ams per dry standard cubic meter (total 
mass) cor r ected to seven p e r cent oxygen. 

(21 The emissions of dioxins and fu r ans f r om each 

munic i pal — w as te — combustor — located — at — a — large 
munici p al waste combustor plant shall not exceed : 

(Al 60 na n og r ams p e r d r y standard cubic meter 

(total mass) correcte d to se\ ' en perce n t oxyge n 
for facilities — that — employ — an elec t ros t atic 
pr ec i pitalo r -ba.sed emission control system, or 

(&1 30 nanog r ams pe r d r y standard cubic m e ter 

(total mass) corrected t o seven pe r c e nt oxygen 
for — f acil iti e s — that — do — not — e mp lo y — an 
el e ctrostatic — p recipitator-based — emission 
control system. 

(51 The emissions of diox i ns and furans f r om any s m all. 

med iu m, or l ar ge HMIWI shall not e xceed 125 
nanograms per d r y standard cubic meter total dioxins 
a n d furans. corrected to s e ven pe r c e nt oxygen or 2.3 
na n og r ams per dry standard cubic — meter (toxic 
equivalen c y), c orrected to seven percent oxyge n . 



(41 



-The 



h e emiss i o n s of dioxi n s and furans f r om any small 
remote HMIWI shall not e xceed 800 nanog r a m s pe r 
d r y s t a n dard cubic m e t er total dioxins and furans. 
co rr ect e d t o seven percent ox yg e n or 15 nanograms 
p e r d r y standard cubic mete r (toxic equivalency), 
cor r ected to seven percent oxygen, 
(n) Nitrogen oxide. 

tV) The — emissions — of — nitrogen — oxide — from — each 

mun i cipal — waste — combus t o r — located — at — a — large 
municipal waste combustor plant shall n ot exceed 
the emission lim i ts in Table I of Parag i aph (d) of 40 



204 



NORTH CAROLINA REGISTER 



August 2. 1999 



14:3 



PROPOSED RULES 



CFR 60.33b. Nit r og en o x ide emissions averaging is 
allowed as specified in Pai - agrapiis (d)( 1 )(i) t i i rougii 

(d)(l)(v) of 40 CFR 60.33b. Nitr ogen ox i de 

emissions con t rol is no t required for municipal waste 
c o mb usto r s — located — at — small — municipal — waste 
combustor plants. 

(2i The emissio n s of nitrogen oxid e s f r om any HMIWI 

s h a l l no t exceed 250 parts per million by volume 
cor r ected to seven percent oxygen (dry basis), 
(o) Fugitive ash. 

Hi On or after th e date on which the initial pe r for m anc e 

tesi — rs — compl e ted. — n o owner or operator — of a 



municipal waste comnustor located at a smal l or 
large municipal waste combustor plant shall cause to 



be discharged to the atmosphere 



iscnargca to tne atmosphere visible emissions of 
combustion ash from an ash conveying system 
(including conveyo r transfe r points) in excess of five 
p e r cent of th e o b se rv at i o n pe r iod (i.e.. n i n e minutes 
per — th r ee-hou r pe r iod). — as — determined — by — EPA 
Refe r ence Method 22 o bs er vations as s p ecified i n 40 
CFR 6 0.58b(k). except as provided in Subpa r ag r aphs 
(2) a n d (3) of th is Parag r aph. 

(51 The emission limit specified in Subparagraph ( 1 ) of 

this Paragraph covers visible emissions discha r ged to 
the atmosphere from buildings o r enclosu r es, n ot the 
visible emissions discharged i n side of t he build ings 
or enclosures, of ash conveying systems. 

f5l The provisions specified in Subparag r a p h ( 1 ) of this 

Paragraph do not apply during maintenance and 
repair of ash conveying systems. 
(p) Am b ient standards. 

t+i I n addition to the ambient air quality standa r ds in 

Section .0400 of this Subchapter, t he followi n g 
ambie n t air quality standards, which are an an n ual 
av e rage, in milligrams per cubic meter at iT -i^-ir^' 
C) and 29.92 inches (760 mm) of mercury p re ssure 
shall a pp ly aggregately to all incine r ato r s at a 
fac i lity : 

tAl arsenic and compounds 

2.3x10 ^ 

(fil beiyllium and compounds 

4.1x10 ^ 

t€l cadmium a n d compounds 

5.5x10 ^ 



t&) chromium(VI) and co mp ound s 

ifir) Whe n Subpa r agraph ( 1 ) of th i s Pa r ag r aph and either 

Rule .0524. .1110. or .1111 of this Subchapte r 
r egulate the same pollutant, the more r est r ictive 
provision — for — each — pollutant — s h all — apply, 
notwithstanding provisions of Rule .0524. .1 1 10. o r 
.1111 of th i s Subchapte r to t he contrary. 

t5l The owner or operator of a facility with incinerators 

shall demonstrate compliance — with the ambient 



standards — in Parts — (1)(A) t lirough — (D) of this 
Paragraph by following the proceduies set out in 

Rtrk — . 1 106 — of — thrs — Subchapter. Modeling 

demo n st r ations shall comply with the requirements 
o f Rule .0533 of this Subchapter. 

Hi The — emission — rates — computed — or — used — under 

Subparagraph (3) of this Parag r apli that demonstia le 
compliance — with — the — a mbien t — standards — under 
Subpa r ag r a p h ( 1 ) of this Paragraph shall be placed in 



the permit fo r t he facility with incinerators as their 

fO 



acuity wi 
allowable emiss i on limits unless Rul e .0524. 
or .1 1 1 1 of this Subchapte r requires mo r e restrictive 
rates. 
(q) Carbo n Monoxide. Tlie emissions of carbon monoxid e 
fr o m a n y HMIWI shall not exceed 40 pa rt s per million by 
volume, co rr ect e d to seven percent oxygen (dry basis). 

Aiahority- G.S. 143-21 5. SlaHD: 143-215. 107(aH3U4).(5): 40 
C.F.R. 60.35b: 40 C.F.R. 60.34e. 

.1206 HOSPITAL. MEDICAL, AND INFECTIOUS 
WASTE INCINERATORS 

(a) Applicability. This Rule applies to ariy hospital, 
medical, and infectious waste incinerator (HMIWI). except: 



Oi 

ill 
ill 

14] 



any HMIWI required to have a permit under Section 

3005 of the Solid Waste Disposal Act; 

any pyrolysis unit; 

any cement kiln firing hospital waste or medical and 

infectious waste; 



15] 



16] 



any physical or operational change made to an 
existing HMIWI solely for the purpose of complying 
with the emission standards for HMIWIs in this 
Rule. These physical or operational changes are not 
considered a modification and do not result in an 
existing HMIWI becoming subject U) the provisions 
of 40 CFR Part 60. Subpart Ec; 
any HMIWI during periods when only pathological 
waste. 1 o w - 1 e v e I radioactive waste, or 
chemotherapeutic waste is burned, provided that the 
ovN'ner or operator of the HMIWI: 

(A) notifies the Director of an exemption claim; 
and 

(B) keeps records on a calendar quarter basis of 
the periods of time when only pathological 
waste. low-lc\'el radioactive waste, or 
chemotherapeutic waste is burned; or 

any co-fired HMIWI. H the c)wner or operattir of the 
co-fired HMIWI: 

(A) notifies the Director of an exemption claim; 

(B) provides an estimate of the relative weight of 
hospital, medical and infectious waste, and 
other fuels or wastes to be combusted; and 

(C) keeps records on a calendar quarter basis of 



14:3 



NORTH CAROLINA REGISTER 



August!, 1999 



205 



PROPOSED RULES 



the weight of hospital, medical and infectious 
waste combusted, and the weiiiht of all other 
fuels and wastes combusted at the co- fired 
HMIWI. 

(b) Definitions. For the purpose of this Rule, the definitions 
contained m 40 CFR 60.51c shall apply in addition to the 
definitions in Rule . 1 202 of this Secljon. 

(c) Emission Standards. 

(1 ) The emission standards in this Rule apply to aH 



ill 



incinerators subject to tis Rule except where Rule 
.0524. .1110. or .1111 of this Subchapter applies 
except that Subparaer phs (13) or (14) of this 
Paragraph shall control n any event. 
Particulate Matter. 

matter from a 



lAi 



Emissions of p articulate 
HMIWI shall nol exceed: 



Incinerator Size 
Small 
Medium 
Large 



Allowable Emission Rate (mg/dscm) 
[corrected to seven percent oxygen] 

115 

69 

34 



(B) Emissions of particulate matter from any 
small remote HMIWI shall not exceed 197 
milligrams per dry standard cubic meter, 
corrected to seven percent oxygen. 

(3) Visible Emissions. On and after the date on which 
the mitial performanc e test Is completed, the owner 
or operator of any HMIWI shall not cause to be 
discharged into the atmosphere from the stack of the 
HMIWI any gases that exhibit greater than iO 
percent opacity (6-rninute block average). 

(4) Sulfur Dioxide. Emissions of sulftii dioxide from 
any HMIWI shall not exceed 55 parts per million 
corrected to seven percent oxygen (dry basis). 

(5) Nitroijen Oxide. Emissions of nitrogen oxides from 
any HMIWI shall not exceed 250 parts per million 
by volume corrected to seven percent oxygen (dry 
basis). 

(6) Carbon Monoxide. Emissions of carbon monoxide 
from any HMIWI shall nol exceed 40 parts per 
million by volume, corrected to seven percent 
oxyoen (dry basis). 

(7) Odorous Emissions. Any incinerator subject to this 
Rule shall comply with Rule .0522 of this 
Subchapter for the control of odorous emissions. 

(8) Hydrogen Chloride. 

(A) Emissions of hydrogen chloride from any 
small, medium, or large HMIWI shall be 
reduced by at least 93 percent by weight or 
volume or to no more than 100 parts per 
million by volume corrected to seven percent 
oxygen ( drv basis), whichever is less 
stringent. C^lmpliance with this Part shall be 
determined by averaging emissions over a 
one-hour period. 

(B) Emissions of hydrogen chloride fro in any 
small remote HMIWI shall nol exceed 3 1 00 
parts per million by volume corrected to se\en 
percent oxygen ( dr\ basis). Compliance with 



19] 



(10) 



ou 



this Part shall 1 
emissions over a 

Mercury Emissions. 

(A) Emissions of 



; determined by averaging 
)ne-hour period. 



(Bi 



nercurv from any small, 
medium, or large HMIWI shall be reduced by 
•_nt by weight or shall not 
:rams per dry standard cubic 

to seven percent oxygen, 
stringent. Compliance with 
e determined by averaging 
' ine-hour period, 
curv from any small remote 

exceed 7.5 milligrams per 
c meter, corrected to seven 

Compliance with this Part 
led by averaging emissions 
eriod. 



at least 85 perc 
exceed 0.55 milli 
meter, corrected 
whichever js less 
this Part shall I; 
emissions over a 
Emissions of mc 
HMIWI shall no 
dry standard cup 
percent oxygen 
shall be detemn 



over a one-hour r 
Lead Emissions. 

(A) Emissions of leai, 
large HMIWI sh 
percent by wcIl: 
milligrams per 
corrected to sevc 
is less stringent. 

(B) Emissions of Ic 
HMIWI shall I,. 



from any small, medium, or 
il be reduced by at least 70 
11 or shall not exceed 1.2 
iry standard cubic meter. 
I percent oxygen, whichever 

.A from any small remote 
,, exceed 10 milligrams per 
c meter, corrected to seven 



dry standard cuh 

percent oxygen. 
Cadmium Emissions. 
(A) Emissions ot l admium from an 



small. 



•nl bv weight or shall not 



medium, or larL'. HMIWI shall be reduced by 
at least 65 per^ 
exceed 0.16 mill 
meter, corrected 



(B) 



whichever is less 
Emissions of cad 



irams per dry standard cubic 
to seven percent oxygen. 
^trlngent. 
nium from any small remote 



HMIWI shall ncn 
standard cubic 



exceed 4 milligrams per dry 
neier. corrected to seven 



206 



NORTH CAROLINA REGISTER 



August 2, 7999 



14:3 



PROPOSED RULES 



:i3) 



:]4j 



percent oxygen. 
Dioxins and Furans. 

(A) Emissions of dioxins and furans from any 
small, medium, or large HMIWI shall not 
exceed 125 nanograms per dry standard cubic 
meter total dioxins and furans, corrected to 
seyen percent oxygen or 23 nanograms per 
dry standard cubic meter (total equiyalency). 
corrected to seyen percent oxygen. 

(B) Emissions of dioxins and furans from any 
small remote HMIWI shall not exceed 800 
nanograms per dry standard cubic meter total 
dioxins and furans. corrected to se\'en percent 
oxygen or \_5 nanograms per dry standard 
cubic meter (t(,)tal equiyalency). corrected to 
seyen percent oxygen. 

Toxic Emissions. The owner or operator of any 
incinerator subject to this Rule shall demonstrate 
compliance with Section . 1 100 of this Subchapter 
according to 15A NCAC 20 .0700. 
Ambient Standards. 

(A) In additic^n to the ambient air quality standards 
in Section .0400 of ttns Subchapter, the 
following ambient air quality standards, which 
are an annual ayerage. in milligrams per cubic 
meter at 77 ^F (25"C) and 29.92 inches ( 760 
mm) of mercury pressure, and which are 
increments abo\'e background concentrati(ins. 
shall apply aggregateK to al] incinerators at a 
facility subject to this Rule: 

(i) arsenic and compounds 2.3x10"'' 

(ii) beryllium and compounds 4.1x10'^ 

(iii) cadmium and compounds 5.5x10'' 

(iy) chromium (VI) and 

compounds 8.3x10"^ 

(B) When Subparagraph ( I ) of this Paragraph and 
either Rule .0524. .1110. or .1111 oi' this 
Subchapter regulate the same pollutant, the 
more restricti\e proyision for each pollutant 
shall apply, notwithstanding pro\isions of 
Rule .0524. .1 1 10. or .1111 of this Subchapter 
to the contrary. 

(C) The ovyner or operator of a facility with 
incinerators subject to this Rule shall 
demonstrate compliance with the ambient 
standards m Subparts (i) through (iy) of Part 
(A) of this Subparagraph by folUnying the 
procedures set out jji Rule . I 106 of this 
Subchapter. Modeling demonstrations shall 
comply with the requirements of Rule .0533 
of this Subchapter. 

(D) The emission rates computed or used under 
Part (C) of this Subparagraph that demonstrate 
compliance with the ambient standards under 



Part (A) of this Subparagraph shall he placed 
in the permit for the facility with incinerators 
subject to this Rule as their allowable 
emission limits unless Rule .0524. .1110. ot 
.1111 of this Subchapter requires more 



rcstrictiye rates, 
(d) Operational Standards. 

( 1 ) The operational standards in this Rule do not apply 
to any incinerator subject to this Rule where 
operaticinal standards in Rule .0524. .Ill (.). or .1111 
of this Subchapter apply. 

(2) Each small remote HMIWI shall have an initial 
equipment inspection by Jul\ J^ 2000. and an annual 
inspection each year thereafter. 

(A) At a minimum, the inspectic)n shall include all 
the elements listed in 40 CFR 60.36e(a)( l)(i) 
through (xyii). 

(B) Any necessary repairs found during the 
inspection shall be completed within 10 
operating days of the inspection unless the 
owner or operator submits a written request to 
the Director for an extension of the 10 
operating day period. The Director shall grant 
the extension if^ 

til the owner or operator of the small 
remote HMIWI demonstrates that 
achieving compliance by the time 
allowed under this Part is not feasible. 
and 

(ii) the Director does not extend the time 
allowed for compliance by more than 
30 days following the receipt of the 
written request. 

(3) The owner or (iperator of any HMIWI. except small 
remote HMIWI. subject to this Rule shall comply 
with the compliance and performance testing 
requirements of 40 CFR 60.56c. excluding the 
fugili\'e emissions testing requirements under 40 
CFR 60.56c(b)( 12) and (C)(3). 

(4) The (wner or operator of any small remote HMIWI 
shall ctnnpK with the following compliance and 
performance testing requirements: 

(A) conduct the performance testing requirements 
in 40 CFR 60.56c(a). (b)(1) through (b)(9). 
(b)( 1 1 )( mercury only), and (c)( I ). The 2.000 
pctund per week limitation does not apply 
during performance tests: 

(B) establish maximum charge rate and minimum 
secondary chamber temperature as site- 
specitlc operating parameters during the initial 
performance test to determine compliance 
with applicable emission limits: and 

(C) following the date on which the initial 
performance test js completed, ensure that the 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



207 



PROPOSED RULES 



HMIWI does not operate above the maximum 
charge rate or below the minimum secondary 
chamber temperature measured as three hour 
rolling averages, calculated each h(iur as the 
average of aU previous three operating hours. 
at al] times except during periods ol' start-up. 
shut-down and mallunction. Operating 
parameter limits do not apply during 
performance tests. Opcratit)n above the 
maximum charge rate or below the minimum 
secondary chamber temperature shall 
constitute a violation of the established 
operating parameters. 

(5) Except as provided in Subparagraph (3) of this 
Paragraph, operation of the HMIWI aboye the 
maximum charge rate and below the minimum 
secondary temperature, each measured on a three 
hour rolling average, simultaneously shall constitute 
a violation of the paniculate matter, carbon 
monoxide, and dioxin and furan emission limits. 

(6) The owner or operator of a HMIWI may conduct a 
repeal performance tesi within 30 day s of violation 
of applicable operating parameters to demonstrate 
thai I he HMIWI is not in violation of the applicable 
emission limits. Repeat performance tests conducted 
pursuant to this Subparagraph shall be conducted 
using the identical operating parameters that 
indicated a \'iolation under Subparagraph (4) of this 
Paragraph. 

(e) Test Methods and Procedures. 

( 1) The test methods and procedures described in Rule 
.0501 ol this Subchapter and m 40 CFR Part 60 
Appendix A and 40 CFR Part 6i Appendix B shall 
be used lo determine compliance with emission rates. 
Method 29 ol' 40 CFR Part 60 shall be used to 
determine emission rates for metals. Method 29 
shall be used to sample for chromium (VI). and SW 
846 Method 0060 shall be used for the analysis. 

(2) The Director may require the owner or operator to 
test his incinerator to demonstrate compliance with 
the emissi(in standards listed in Paragraph (c) of this 
Rule. 

(f) Mciniloring. Recordkeeping, and Reporting. 

( 1 ) The ()wner or operator of an incinerator subject to 
the requirements of this Rule shall comply with the 
monitoring, recordkeeping, and reporting 
requirements m Section .0600 of this Subchapter. 

(2) The owner or operator ol an incinerator subject to 
the requirements of thns Rule shall maintain and 
operate a ccintinuous temperature monitoring and 
recording de\ ice for the primary chamber and, where 
there is a secondary chamber, for the secondary 
chamber. The owner or operator of an incinerator 
thai has installed air polluli(>n abalcmenl equipment 
to reduce emissions of hydrogen chloride shall 



install, operate, and maintain continuous monitoring 
equipment to measure pH lor wet scrubber systems 
and rate of alkaline injection lor dry scrubber 
systems. The Director shall require the owner or 
operator ol an incinerator with a permitted charge 
rate ol 750 pounds per hour or more to install. 
()perate. and maintain continuous monitors for 
oxygen or for carbon monoxide or both as necessary 
to determine proper operation ol the incinerator. The 
Director may require the owner or operator of an 
incinerator with a permitted charge rate ol less than 
750 pounds per hour to install, operate, and maintain 
monitors for oxygen or for carbon monoxide or both 
as necessary to determine proper operation of the 
incinerator. 

(3) In addition to ttie requirements ol Subparagraphs ( 1 ) 
and (2) ol this Paragraph, the owner or operator ol a 
HMIWI shall comply with the reporting and 
recordkeeping requirements listed in 40 CFR 
60.58c(b). tcL tdL lei and til excluding 40 CFR 
60.58c(b)(2)(ii) and (b)(7). 

(4) In addition to the requirements ol Subparagraphs ( 1 ). 
(2) and (3) ol this Paragraph, the owner or operator 
of a small remote HMIWI shall: 

(A) maintain records ol the annual equipment 
inspections, any required maintenance, and 
any repairs not completed within 10 days of 
an inspection: 

(B) submit an annual report containing 
information recorded in Part (A) of this 
Subparagraph to the Director no later than 60 
days following the year m which data were 
collected. Subsequent reports shall be sent no 
later than 12 calendar months following the 
previous repcirt. The report shall be signed by 
the HMIWI manager: and 

(C) submit the reports required by Parts (A) and 
(B) of this Subparagraph to the Director 
semiannually once the HMIWI is subject to 
the permitting procedures ol 15A NCAC 20 
.0500. Title V Procedures. 

(5) Waste Management Guidelines. The owner or 
operator of a HMIWI shall comply with the 
requirements of 40 CFR 60.55c for the preparation 
and submittal of a waste management plan. 

(6) Except as provided in Subparagraph (7) of this 
Paragraph, the owner or operat(ir ol any HMIWI 
shall comply with the monitoring requirements in 40 
CFR 60.57c. 

(7) The owner or operator ol any small remote HMIWI 
shall: 

(A) install, calibrate, maintain, and operate a 
device for measuring and recording the 
temperature ol the secondary chamber on a 
continuous basis, the output ill which shall be 



208 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



recorded, at a minimum, once every minute 
throughout operation. 

(B) install, calihrale. maintain, and operate a 
device which automatically ineasures and 
records the date, time, and weight of each 
charge led into the HMIWI. 

(C) obtain monitoring data at aU times during 
HMIWI operation except during periods of 
monitoring equipment malfunction, 
calibration, or repair. At a minimum, \alid 
monitoring data shall be obtained for 75 
percent of the operating hours per day and for 
90 percent of' the operating hours per calendar 
quarter that the HMIWI is combusting 
hospital, medical, and infectious waste. 

(g) Excess Emissions and Start-up and Shut-down. All 
incinerators subject to this Rule shall comply \\ ilh Rule .0535. 
Excess Emissions Reporting and Malfunctions, of this 
Subchapter. 

(h) Operator Training and Certification. 

( 1 ) The owner or operator of a HMIWI shall not allow 
the HMIWI to operate at any time unless a fully 
trained and qualified HMIWI operator is accessible, 
either at the facility or available within one hour. 
The trained and qualified HMIWI operator may 
operate the HMIWI directly or be the direct 
supervisor of one or more HMIWI operators. 

(2) Operator training and qualification shall be obtained 
by completing the requirements of 40 CFR 60.53c(c) 
through (g). 

(3) The owner or operator of a HMIWI shall maintain, at 
the facility, all items required by 40 CFR 
60.?3c(h)( 1 ) through (h)( 10). 

(4) The owner or operator of a HMIWI shall establish a 
program for reviewing the information required by 
Subparagraph (3) of this Paragraph annualK' with 
each HMIWI operator. The initial review of the 
information shall be conducted by January J^ 2000. 
Subsequent re\iews of the information shall be 
conducted annually. 

(5) The information required by Subparagraph (3) of this 
Paragraph shall he kept vn a readily accessible 
location for all HMIWI operators. This information, 
along with records of training shall be a\ailable for 
inspection by Division personnel upon request. 

(6) All HMIWI operators shall he m compliance with 
this Paragraph by July 1. 2000. 

iiJ Compliance Schedules. 

(1) Title V Application Date. Any HMIWI subject to 
this Rule shall have submitted an application for a 
permit under the procedures of 15A NCAC 20 
.0500. Title V Procedures, by January 1. 2000. 

(2) Final Compliance Date. Except for those HMIWIs 
described m Subparagraphs (3) and (4) of this 



Paragraph, any HMIWI subject to this Rule shall be 
in c(mipliance with this Rule or close on or before 
July 1 . 2000. 

(3) Installation of Air Pollution Control Equipment. 
Any HMIWI planning to install the necessary air 
pollution control equipment to comply with the 
emission standards in Paragraph (c) oi this Rule shall 
be in compliance with Paragraph (c) of this Rule by 
September 15. 2002. If this option js chcisen. then 
the owner or operator of the HMIWI shall submit to 
the Director measurable and enforceable incremental 
steps of progress towards compliance which include: 

(A) the submission of a petition for site specific 
operating parameters under 40 CFR 63.56c(i): 

(B) the obtaining of services of an architectural 
and engineering firm regarding the air 
pollution control devicets): 

(C) the obtaining of design drawings of the air 
pollution control device(s); 

(D) the ordering of air pollution control device! s); 

(E) the obtaining of the major components of the 
air pollution control dcvice(s): 

(F) the initiation of sUc preparation for the 
installation of the air pollution control 
device(s); 

(G) the initiation of installation ot' the air pollution 
control devicets): 

(H) the initial startup oi the arr pollution control 

device(s); and 
(I) the initial compliance test(s) of the air 
pollution control device! s). 

(4) Petition for Extension of Final Compliance Date. 
(A) The owner or operator of a HMIWI may 

petition the Director for an extension oi the 

compliance deadline oi Subparagraph (2) of 

this Paragraph pro\ided that the lollowing 

information is submitted by January J^ 2000. 

to allow the Director adequate time to grant or 

deny the extension by July 1 . 2000: 

tij documentation oi ihe analyses 

undertaken to support the need for an 

extension, including an explanation of 

w'h\ up to July i^ 2002 is sufficient 

time to comply with this Rule while 

July L 2000. IS not sufficient. The 

docuinentation shall also include an 

evaluation of the option to transport the 

waste offsite to a commercial medical 

waste treatment and disposal facility on 

a temporary or permanent bases: and 

(ii) documentation of the measurable and 

enforceable incremental steps of 

progress listed m Subparagraph (3) of 

this Paragraph to be taken towards 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



209 



PROPOSED RULES 



compliance with the emission standards 
in Paragraph (c) of this Rule. 

(B) The Director may erant the extension U aH the 
requirements in Pari (A) ol Ihis Subparagraph 
are met. 

(C) If the extension js granted, the HMIWI shall 
be in ccimpliance with this Section by July J_, 
2002. 

(a) The op e ratio n al standards in this Rule do not ap p ly to 
in cin eratois where operational s t andards in Rule .0524. .1110. 
or . 1111 of this Subchapte r apply. 

(ir) Hazardous — waste — i nc in e r ato r s. Hazardous — waste 

incinerato r s s h all comply w i th 15A NCAC 13A .0001 through 
.0014. w hi ch a r e adm i nistered and enforced by the Division of 
Waste Ma n agement. 

(r) — Hospital. Med i cal and Infectious Waste Incine r ato r s. 
Each small remote IIMIWI shall have an initial equipment 
i n sp ectio n by July 1. 2000. and an annual inspection each year 

t+j A t a minimum, the inspection shall in clude all the 

el em ents l i sted in 40 CFR 60.3(je(a)( 1 )(i) th r ough 
(xvii). 

(51 A n y necessary repairs found during the inspect i o n 

s hal l be co m pl e ted within 10 operating days of the 
insp e c tion u n less th e owner or operator subm i ts a 
written request to th e Directo r fo r a n extension of the 
10 operating day period. The Directo r shall g r a n t th e 
e x ten sio n if : 

tk) the owne r or op er ato r of the small remote 

HMIWI — demo n strates — thai — achieving 
compliance by the time allowed u n de r this 
Subpa r ag r aph i s n ot feasible, and 

tfil th e Dir e cto r does not extend the time allowed 

for — compliance — by — more — than — 36 — days 
following the re ce ip t of t he written request. 
td) — Tlie ow n e r o r o p e r ato r of any HMIWI. except small 
remote HMIWI. subject to this Section shall comply with the 
co m pl ian c e and performance testing requirements of 40 CFR 
Part — 60.5 6 c. — excluding — tfie — fugitive — emissions — testmg 
requirements unde r 60.56c(b)( 12) and (c)(3). 

(e) The owner or operator of any small remote HMIWI shall 
comply the follow i ng compliance and peifoiirunce testing 
r equi re me n ts : 



ftl — rorr 



duct the performance testing r e quirements in 40 



6().56c(a). — (b)(l ) — th r ough — (b)(9). 
(b)( 1 1 )( mercury only), and (c )( 1 ). The 2.000 pou n d 
per — week — limitation — does — not — apply — during 
performa n ce tests ; 



t e st is completed, ensure that the HMIWI does not 
operate above the maximum charge rate or below the 
minimum seconda r y chamber temperature measured 
as three hour r olli n g av er ages, calculated e ach hour 
as the ave r age of all pre vious three operating hours, 
at all times e xce p t dur i ng p er iods o f sta r t-up. shut- 
down and m alfunction. — Operating pa r a m eter limits 
do not apply during p e rfor ma nc e te s ts. — Operation 
above the maximum c h arge r ate o r b elow the 
minimum — secondary — chamber — tempe r ature — shatt 
constitute a violation of the e stablished operating 
parameters. 
(f) — Except as provided in Paragraph (g) of this Rule. 
operatio n of the HMIWI above the maximum charge rate and 
below the minimum secondary temperature, each measured on 
a three hour rolling average, simultaneously s h all constitut e a 
v i olation of the PM. CO. and diox in a n d fu r an emiss i o n limits. 
(-g1 — Th e ow n er or operator of a HMIWI may co n duct a 
repeat — pe r t o nv ia n ce — test — within — 36 — days — of violation of 
applicable — operating — p a r amete r s — to — demonstrate — that — the 
HMIWI is not in violatio n of the applicable emission limits. 
Repeat pe r f or mance tests conducted p ur suant to this Pa r ag r a p h 
must be co n ducted us in g the identical operating paramete r s that 
in dicat e d a violation unde r Pa r ag r a p h (f) of this Rule. 

t+r) — Municipal waste combustor plants. — Each municipal 
waste combusto r located at a small or larg e municipal waste 



combustor plant shall meet the f 



ing ope r ational standa r ds: 



t+1 The — concentration 



oiiowing ope r ational st. 
of carbon — monoxide — at — the 
combustor outlet shall not exceed the concentration 
in Table 3 of Parag r aph (a) of 40 CFR 6 0.34b. The 
combustor tech n ology named in this table is defined 
in 40 CFR 60.5 lb. 

t^l The load level shall n ot exceed 110 percent of the 

maximum demonstrated munici p al waste combustor 
unit load, except as specified in Paragraphs (b)(l> 

and (b)(2) of 40 CFR 6 0.53 b. Tlie maximum 

demonstrated municipal waste combustor unit load is 
defined in 40 CFR 60.5 lb and the averaging time is 
specifi e d under 40 CFR 60.58b( i ). 

(31 The temperature at which the combustor ope r a t es. 

measu r ed at the particulate matte r control device 
inlet, shal l n ot ex c eed 63 '' F above the maximum 
demonstrated — p articulate — matter — control — device 
tempe r atu r e, except as specif i ed in Parag r aphs (c)( 1 ) 
and (c)(2) of 40 CFR 60.53b. — Tlie maximum 
demonstrated — particu l ate — matter — control — device 
temperature is defined in 40 CFR 60.51b and the 
av er aging time is sp e cified under 40 CFR 60.58b(i). 
(t) — Sludge inc i ne r ato r s. — The combustion temperature in a 



(21 e stablish — max i mum — c h a r ge — rate — and — minimum sludg e — incinerator — shad — not — be — less — than — 1 200"F 



trsn — max i mum — c 
seco n dary — chamber — temperature — as — site-specific 
o p e r at i ng parameters during the initial perfo r mance 
test — to — deteiriiine — compliance — with — applicable 
emission limits: and 
(51 following the date on which the initial perfoimance 



maximum oxygen content of the exit gas from a sludge 
inci n e r ator stack s hall b e : 

Hi 12 percent ( d r y basis) for a mu l tiple liearth sludge 

incinerator. 

(2l seven percent (dry basis) f o i a fiuidized bed sludge 



210 



NORTH CAROLINA REGISTER 



August!, 1999 



14:3 



PROPOSED RULES 



incinerator, 
t3l rrmt — p e r c e nt — ftiry — basis) — tor an — e lec t ric — sludge 

incinerator, and 
t4l 12 percent (dry basi s) to r a r o t ary kiln sludge 

in c iner at or . 
(j) Sewage sludge inci n erators. 



incinerators in the burning of wood and asjricultural waste. 

(h) Scope. This Rule shall apply to aj] conical incinerators 
which are designed to incinerate wood and agricultural waste. 

(c) A person shall not cau.se. allow, or permit the burning of 
wood or agricultural waste in a conical incinerator without 
taking reasonable precautit)ns to pre\ent air pc^llutants from 
becoming airborne. As a minimum, each conical incinerator 



Hi The ma.ximui n combus t ion te mperat u re fo r a s e wag e 

sl udge in c in ei atoi shall be placed in the p e rmit and subject to this Rule shall be equipped and maintained with: 



b as e d — on — informat i on — obtained — during — the 
performance test ol the sewage sludg e incinerator to 
deteiinine pollutant cont r ol cf t lciencies. 

t2i The valu e s fo r the o per at i o n al pa r am e t er s f o r t h e 

sewag e — sludg e — inci ner ato r — arr — p ollu t io n — control 
device(s) shall be pl ace d i n the permi t and be bas e d 
on i ii foi I l lat i on obtained dur i ng the performance test 



of the — sewage — sfttdt 



trtDT — to — deteiinine 



ige — s i uuge — mcmerator 
pollutant control efficiencies. 

("31 The — m o n thly — aver age — co n ce n t r at ion — for — totat 

h yd r ocarbons, o r ca r bo n m o n ox i de as p r ov i d e d in 40 
CFR 503.40(c). in the e x i t gas f r o m a s e wage sludge 
inci n e r ato r s t ack, co rre ct e d to ze r o pe r c e nt m oisture 
and seven pe rcen t oxyge n as spec if ied in 40 CFR 
503.44. shall not e xceed 100 pa r ts pe r m illion on a 
vol um e tri c — b asis — usi n g — the — co n t inu ous emission 
monitor requ i red in Su b pa r ag r aph . 1 204(c )( I ) of this 
Subchapter. 

(Hct — Crematoiy — incinerators. Gases g e n er ated — by the 

combustion shall be subjected to a mi n i m um t e mperature of 
-f60B" F for a period of not less than one second. 

(+) — Other incinerators. — All inc i n er a t o r s n ot covered u n der 
Paragraphs (a) through (k) of this Rule shal l meet the fol l owing 
requirement: — Gases generated b y the combust i on sha l l be 
subjected to a m i nimum temperature of IHOO ^ F for a period of 
not less than one second. The tempe r atu r e of I800 " F shal l be 



maintai n ed at least 55 minutes out of 



xy&. 



tea at least 3- ") minutes out oi e ach oo-minute pen 
hut at no time shall the tempera t u r e go below IGOO '^Ft 

trnl — Except during start-up whe r e the p r oc e d ure has been 
app i oved i n accordance with Rule .0535(g) of this Subchapter, 
wast e mate r ial shall not be loaded into any inci n erato r s covered 
unde r Parag r aphs (h). (k). o r (I) of this Rule when the 
temp e ratu r e i s be l ow the min i mum re qu ire d te mperature. 
Sta r t-up pr ocedu r es may be determin e d o n a cas c -by-case basis 
in — acco r dance — with — Rtrfe — .0535(g) — of — thrs — Subchapter. 
Incinerato r s cove r ed under Parag i aphs (h). (k). or (1) of this 
Rule shall h av e automat i c auxil i ary bu rn e r s that a re capable of 
maintaining — the — re qu ir ed — m i n i mum — te m p er atu r e — in — the 
s e condary chamber excluding theh e at co n tent o t the wastes. 

Aiitlumn G.S. 143-215. 3laH I \: 143-215. 1(l7(al(5): 40 C.F.R. 
60.34e. 

.1207 CONICAL INCINERATORS 

(a) Purpose. The purpose of this Rule js to set forth the 
requirements of the Commission relating to the use of ccinical 



01 



( 1 ) an underfirc and an tnerfire forced air system and 
vanable damper which is automatically controlled to 
ensure the optimum temperature range for the 
complete combustion o[ the amount and type of 
material waste being charged into the incinerator: 
a temperature recorder for continuously recording 
the temperature of the exit gas: 
a feed system capable of delivering the waste to be 
burned at a sufficiently uniform rate U) present 
temperature from dropping helow SOO ° F during 
normal operation, with the exception of one startup 
and one shutdown per day. 

(d) The owner ot' the conical incinerator shall monitor and 
report ambient particulate ccincentrations in accordance with a 
method and schedule acceptable to the Commission. 

[e] In no case shall the ambient air quality standards as 
defined jn Section .0400 of this Subchapter be exceeded. 

If) The cimical incinerator shall not violate the opacity 
standards m Rule .052 1 of this Subchapter. 

(g) The distance a conical incinerator is located and operated 
from the nearest structure(s) m which people \\\c or work shall 
be optimized to present air quality impact and shall be subiect 
to approval by the Commission. 

(h) New conical incinerators shall be in compliance with 
this Rule on startup. 

AH — incinerato r s shall comply with Rule .0535. Excess 
Emissions Repo r ti n g a n d Malfu n ctions, of this Subchapter. 

Auihorin G.S. J43-2 15. 3(a)(1): 143-215. 107{a)(4].(5). 

.1208 OTHER INCINERATORS 

(a) Applicability. 

(1 ) This Rule applies to any incinerator not covered 
under Rule .1203 through . 1 207 oi' tfus Section. 

(2) If any incinerator subiect to this Rule: 

(A) is used soIcK' to cremate pets: or 

(B) rf the emissions of aH toxic air pollutants from 
an incinerator subiect to this Rule and 
associated waste handling and storage are less 
than the levels listed in I5A NC.AC 20 .071 I: 

the incinerator shall be exempt from Subparagraphs 
(b)(6) through (b)(9) and Paragraph (c) <)f tfns Rule. 

(b) Emission Standards. 

( 1 ) The emission standards [n this Rule apply to any 
incinerator subject to this Rule except where Rule 



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August 2, 1999 



211 



PROPOSED RULES 



.0525. .1110. or .1111 of this Subchapter applies excep t that 
Subparagraphs (8) or [9] ot' this Paragraph shall control [n any 
event. 

(2) Particulate Matter. Any incinerator subject to this 
Rule shall coinply with one of the following 
emission standards for particulate matter: 

(A) F()r refuse charge rates between 100 and 2000 
pounds per hour, the allowable emissions rate 
for particulate inatter from any stack or 
chuTinev of any incmerator subject to this 
Rule shall not exceed the level calculated with 
the equation E=Q.002P calculated to two 
significant figures, where "E" equals the 
alU)wablc emission rate lor particulate matter 
iji pounds per hour and "P" equals the refuse 
charge rate in pounds per hour. For refuse 
charge rates of to 1 00 pciunds per hour the 
allowable emission rate m 0^ pounds per 
hour. For refuse charge rates of 2000 pounds 
per hour or greater the allowable emission rate 
shall be 4X) pounds per hour. Compliance 
with this Part shall be determined b\ 
averaging emissions over a three-hour period. 

(B) Instead of meeting the standards m Part (A) of 
this Subparagraph, the owner or operator of 
any incinerator subject to this Rule may 
choose to limit particulate emissions from the 
incinerator to 0.08 grains per dr\ standard 
cubic foot corrected to J_2 percent carbon 
dicixide. In order to choose this option, the 
owner or operator oi the incinerator shall 
demonstrate that the particulate ambient air 
quality standards will not be violated. To 
conxcl to J_2 percent carbon dioxide, the 
measured concentration of particulate matter 
is multiplied by 12 and divided by the 
measured percent carbon d i o x i d e . 
Compliance with this Part shall be determined 
by averaging emissions over a three-hour 
period. 

(3) Visible Emissions. 

(A) Any incinerator subject to this Rule shall 
comply with Rule .0521 of this Subchapter for 
the control of visible emissions. 

(B) Air curtain incinerators shall compK with 
Rule .1904 of this Subchapter for the control 
of visible emissions. 

(4) Sulfur Dioxide. Any incinerator subject to this Rule 
shall comply with Rule .0516 oi' thns Subchapter for 
the control oi sulfur dioxide emissions. 

(5) Odorous Emissions. Any incinerator subject to this 
Rule shall comply with Rule .0522 at' this 
Subchapter for the control of odorous emissions. 

(6) Hydrogen Chloride. Any incinerator subject to this 
Rule shall control emissions of hydrogen chloride 



such that they do not c cceed four pounds per hour 
unless they are reduce . by at least 90 percent by 
weight or to no more liian 50 parts per million by 
volume corrected to ■ ;yen percent oxygen (dry 
basis). Compliance wit i] this Subparagraph shall be 
determined by averagin ; emissions over a one-hour 
period. 1 

(7) Mercury Emissions. Bmissions of mercury and 
mercury compounds ir > m tfic stack or chimne\ oi 
any incinerator subjeci o this Rule shall not exceed 
0.032 pounds per h" ir. Compliance with this 
Subparagraph shall W determined by averaging 
emissions over a onc-hi \k penod. 

(8) Toxic Emissions. Thi owner or operator of any 
incinerator subject to ijs Rule shall demonstrate 
compliance with Secti( n . 1 1 00 oi this Subchapter 
according to 15ANCA( 20 .0700. 

(9) Ambient Standards. 

(A) In addition to the . imbient air quality standards 
in Section .040 ) iM' ifus Subchapter, the 
following atnbiei . air quality standards, which 
are an annual a\c l age. in milligi'ams per cubic 
meter at 77 °F [2 VCj and 29.92 inches (760 
mm) cvi mercur pressure, and which are 
increments aboxt background concentrations, 
shall apply aggi^' ;ately to ah incinerators at a 
facility subjeci ij this Rule: 

liJ arsenic an^ ccnnpounds 2.3x10" 

(ii) beryllium , nd compounds 4.1x10' 

(iii) cadmium , id compounds 5.5x10' 

(iv) chromiuir. VI) and 

compound 8.3x10^ 

(B) When SubparaL' £h LU oi this Paragraph and 
either Rule .052 4. .1110. or .1111 oi this 
Subchapter regu ale the same pollutant, the 
more restrictive >ro\ision for each pollutant 
shall apply, noi .vithstanding provisions oi 
Rule .0524. . 1 1 1( . or . 1 1 1 1 of this Subchapter 
to the contrary. 

(C) The owner or ijTcrator oi a facility with 
incinerators sui iecl to this Rule shall 
demonstrate cor. :pliance with the ambient 
standards [n Sub larls (jj through ( i v ) of Part 
(A) oi this Sub 'aragraph by following the 
procedures set vjil lH Rule . 1 1 06 oi this 
Subchapter. Modeling demonstrations shall 
comply with the requirements of Rule .0533 
of this Subchapic ^ 

(D) The emission ra.i2s computed or used undc 
Part (C) at' Uiis Si bparagraph that demonstrate 
compliance with he ambient standards under 
Part (A) oi' tins ^ ubparagraph shall be placed 
in the permit for he facility with incinerators 
subject to this Rule as their allowable 
emission limits i nlcss Rule .0524. .1110 or 



212 



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August 2, 1999 



14:3 



PROPOSED RULES 



.1111 of this Subchapter r equires more 
restrictive rates. 

(c) Operational Standards. 

( 1 ) The operational standards in this Rule do not apply 
to any incinerator subject to this Rule where 
operational standards in Rule .0524. .1110. or .1111 
of this Subchapter apply. 

(2) Crematory Incinerators. Gases generated by the 
combustion shall be subjected to a minimum 
temperature of 1 600 ' F for a period of not less than 
one second. 

(3) Other Incinerators. All incinerators not subject to 
any other rule iri this Section shall meet the 
following requirement: Gases generated by the 
combustion shall be subjected to a minimum 
temperature of 1800'F for a period of not less than 
one second. The temperature of IHOO^F shall be 
maintained at least 55 minutes out of each 60 minute 
period, but at no time shall the temperature go below 
I600T. 

(4) E.xcept during start-up where the procedure has been 
approved according to Rule .0535(g) of this 
Subchapter, waste material shall not be loaded into 
any incinerator subject to this Rule when the 
temperature is below the mmimum required 
temperature. Start-up procedures may be determined 
on a case-bv-case basis according to Rule .0535(g) 
of this Subchapter. Any incinerator subject to this 
Rule shall have automatic auxiliary burners that are 
capable of maintaining the required minimum 
temperature in the secondary chamber excluding the 
heat content oi the wastes. 

(d) Test Methods and Procedures. 

( 1 ) The test methods and procedures described m Rule 
.0501 of tins Subchapter and in 40 CFR Part 60 
Appendix A and 40 CFR Part 6i Appendix B shall 
be used to determine compliance with emission rates. 
Method 29 oi 40 CFR Part 60 sliail tie used to 
determme emission rates for metals. Method 29 
shall bt used to sample for chromium (VI), and SW 
846 Method 0060 shall be used for the analysis. 

(2) The Director may require the owner or operator to 
test his incmerator to demonstrate compliance with 
the emission standards listed in Paragraph (b) oi' this 
Rule. 

(e) Monitoring. Recordkeeping, and Reporting. 

( 1 ) The owner or operator of an incinerator subject to 
the requirements of tins Rule shall comply with the 
monitoring, recordkeeping, and reporting 
requirements m Section .0600 ot' thus Subchapter. 

(2) The owner or operator of an incinerator, except an 
incinerator meeting the requirements oi' Parts 
.1201(c)(4)(A) through iD) of tfiis Section, shall 
maintain and operate a continuous temperature 
nn)nitoring and recording device for tlie primary 



chamber and, where there is a secondary chamber, 
for the secondary chamber. The Director may 
require a temperature monitoring device for 
incinerators meeting the requirements of Parts 
.1201(c)(4)(A) through iD] ot' tins Section. The 
owner or operator of an incinerator that has installed 
air pollution abatement equipment to reduce 
emissions of hydrogen chloride shall install, operate, 
and maintain c^)ntinuous monitoring equipment to 
measure pH for wet scrubber systems and rate of 
alkaline injection for dry scrubber systems. The 
Director shall require the owner or operator of an 
incinerator with a pennitted charge rate of 750 
pounds per hour or more to install, operate, and 
maintain continuous monitors for oxygen or for 
carbon monoxide or both as necessary to determine 
proper operation of tlie incinerator. The Director 
may require the owner or operat(ir of an incinerator 
with a permitted charge rate of less than 750 pounds 
per hour to install, operate, and maintain monitors 
for oxygen or for carbon monoxide or both as 
necessary to determine proper operation of the 
incinerator. 
if) Excess Emissions and Start-up and Shut-down. Any 
incinerator subject to Utis Rule shall comply with Rule .0535. 
Excess Emissions Reporting and Malfunctions, of this 
Subchapter. 
(a) Municipal Waste Combusto r s. 

til By January 1. 2000. o r six m onths after the date of 

startup of a municipal waste combustor located at a 
small municipal waste co m bustor plant, whichev ei i s 
later, and by July 1 . 1999 or six months afte r the date 
of startu p of a municipal waste combusto r located at 
a large mu n icipal waste combustor p l a n t, whicheve r 
is later: 

(7*r) E ac h facility ope r ator and shift supervisor of a 

municipal waste combustor shall obtain and 
maintain — a — current — prov i sional — ope r ato r 
c e rtification from the American Society of 
Mechanical E n ginee r s (ASME QRQ-1-1994). 

t&) Ea ch fac i lity ope r ator and shift supervisor of a 

municipal — waste — combustor — steH — have 
c om p l e ted full — ce r tification or shall — have 
scheduled a full certification exam with the 
American Society of Mechanical Engineers 
(ASMEQRO-l-1994). 

{Q) The owner or ope r ato r of a municipal waste 

combustor plant shall not allow the facility to 
be operated at any time unless o n e of the 
following persons i s o n duty at the affected 
facility : 

fr) a fully certif i ed chief facility operator, 

tir) a p r ovisio n a l ly certified chief facility 

operato r who is sc h eduled t o take full 
certification — exam — acco r di n g — to — the 



14:3 



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August!, 1999 



213 



PROPOSED RULES 



schedule specified in Part (D) of thi s 
Subparagraph. 

ttin a fully certified shift supe r visor, o r 

(Tti a provisionally certifi e d shift supervisor 

who — is — sc he dul e d — to — take — the — ftttt 
certificat i on — e xa m — according — tti — the 
schedule s pe c i fied in Part (B) of this 



If one of the pe r so n s listed i n this Pa rt leaves 
the af l cctcd lacili t y during their ope r ating 
shift, a provisionally ce r tified co n trol ro om 
operator who is onsite at the affected facility 
may fulllll the requirements in this Part. 

t2i The — owner — or — operator — of a — municipal — waste 

co m husto r locat e d at a s m all or la r ge municipal 
wast e combusto r pla n t sha l l develop and update on a 
yearly basis a site-specific o peratin g m anual th at 
shall at the minimum address — the elements of 
municipal waste combuslor unit operation specified 
in P ar ag r a p hs le)(l) t hroug h (e)(l I ) of 40 CFR 

(5l By July I. 1999. or six months after the date of 

startup of a municipal waste combustor located at a 



small 



la r ge mu n ici p al waste c ombusto r plant. 



o r la r ge mu n ici p al waste c om n usto r 
w hichever is late r , the owne r o r o p e r ato r ol t he 
municipal was t e combustor plant shall comply with 
the following requirements: 
tAl All chi e f fac i li t y o p e r ato r s, sh i ft su p c r \Mso r s. 

and co n t r ol room ope r ato r s s hall c omplete the 

EPA — municipal — waste — combustor — training 

course. 

tr^ — The requi r e m ents s p ec i fi e d in Pan (A) 
of t his Subparagraph shall not apply to 



hrft 



c n I e 1 l ac i nty — o p e r at or s. — strr 

super\ ' isors. and control room ope r ato r s 
who have obtained full certification 
from — the — American — Society — of 
Mechanical E n gineers on o r befo re Ju l y 
1, 1 9 98. 
fir) — The owner or operator may request that 
t+re — Administ ra to r — w a i v e — rtre 
requirement specified in Part (A) of this 
Subpa r agraph — for — chief — facility 
ope r ato r s, shift supervisors, and control 
r oom — operators — whn — hare — obtained 
provisional — ce r tificatio n — from — the 
Ame r ica n — Society — of — Mechan i cal 
E n ginee r s o n or before July 1. 1998. 

t^Bi The owne r o r op er ator of a municipal waste 

co m busto r — located — at — a — small — or — large 



rrr 



i mbustor — nfarrt — shall 



unicipai — waste — comnustor — prr 
e s ta b l i sh a training prog r a m to r e \ ' i c w th e 
operating manual, acco r d in g to the schedule 
specified i n Subparts l i ) and ( i i) of t h is Pa r t. 
with eac h pe r so n who has responsibilities 



t€^ 



affecting the operation of an affected facility. 
in c ludin g t h e chief facility operators, shift 
supervisors. — control — room — o p e r ato r s. — ash 
h a n dle r s, m ainte n ance personnel, and c r a n e -- 
l oad handle r s. 

(Tj — E ac h p ers on s p ecified in Part (B) of thi s 
Subparag r aph — shah — undergo — i nitial 
tr a in i n g n o later than the date specified 
m — Ite m s — (+) — through — tffil — o f this 
Subpart, wluci i evei islatei. 

<T) The date six months afte r the 

date of startup of the affect e d 
facility: 
m — July 1. 1999: or 

tffll The date p r ior to the day when 

t+re pe r so n assumes 

r espons i b i l i ties — affecting 
mu n icipal waste combustor unit 
operation. 
Annually, following the initial training 
requi r ed by Subpart (i) of this Part, 
o p e rati ng manual 



tm- 



-Thr 
Subparagraph 



(41- 



(2) of this Pa r agraph shall be 
kept in a readily accessible location for all 
persons required to undergo training under 
Pa r t (B) of this Sub p a r ag r aph. The ope r ating 
manual — and — r eco r ds — of train i ng — shaH — be 
available for inspection by the personnel of 
the DiN ' is i on on request. 
The refe r enced ASME exa m in th i s Ru l e is he r ebv 



incorporated by reference a n d in cludes subseque n t 
amendme n ts and editions. Copies of the referenced 
ASME exam may be obtained from the American 
Socieiv of Mecha n ical En g i n ee r s (ASME). 22 Lau ' 



Dri 



Eairfield. NJ 07007. at a cost of fortv ni ne 



rne. 
dollars ($49.00). 
(b) Hospital. Medical and Infectious Waste Incin e rators. 

tTl Tl i e owner or ope r ato r of a HMIWI shall n ot allow 

t he HMIWI to operate at an y ti me u n less a fully 
trained and qual i fi e d HMIWI operator is accessi b le. 



either a t the f ac i l it v 



available within one hour. 



f±t- 



; r a t tne lac i i it y or ava i l 
Tlie trained and qualified HMIWI operator may 
operat e — the — HMIWI — d ir ectl y — or — be — the — direct 
superv i sor o n o n e or more HMIW'I operato r s. 
O p e r ator t r aining and qualificatio n shall be obtained 
by completing th e requirements of Paragraphs (c) 
through (g) of 40 CFR Part 6 ().5.\-. 

(-31 The ow n er or operato r of a HMIWI shall mainta i n, at 

the facility, all items r equired by Subparagraphs 
(h)( I ) through (h)(10) of 40 CER Part 6 0.53c. 

(41 The ov\ner or operator of a HMIWI s h all establish a 

progranvfor rev i ew i ng the i iil omiation lequi r ed by 
Subparagrapl ' i (3) of th i s Paragraph an nu al l y w i t h 
each HMIWI operator. — The initial rc\iew of the 
i n formation shall be conducted b\ Januaiv I. 2000. 



214 



NORTH CAROLISA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



Subsequen t reviews of tlie infoi i nation shall 

conduc t ed annually. 

Tlie i nfo i in a l inn reou i red hv Suhnaragraoh (3) 



ire 



ffr) T l i e ii ii'oimatio n required hy Subparagraph (3) of this 

Paiag i jph shall be kept in a readily accessible 
location for all IIMIWI operato i s. Tl i is infouiiation. 
along with records of training shall be available for 



inspection by Divisio n personnel upo n request. 

t6l All IIMIWI ope r ators shall be in compliance with 

this Parag r aph by July 1 . 2000. 

Authority G.S. 143-215. 3{a)( 1): 143-215. 107(aH10). 

.1209 COMPLIANCE SCHEDULES 

(a) Except for any municipal waste combustor located a t~a 
small or large municipal waste combustor plant or any 
HMIWI. tl'i e owner or ope r ato r of any incinerator fo r w hi c h 
constructio n began after September 30, 1991. shall be in 
compl i ance with this Section or Rule .1110 of this Su b chapter, 
whichever is applicable, before beginning operation. 

(b) Municipal Waste Combustors. 

tii The owner or operator of a l ar ge m unicipal waste 

combustor plant shall choose one of the following 
three compliance schedule opt i ons : 

(tV) comply with all t he requirements or close 

before August 1 . 2000 : 

(fi-) comply w i th all the requiremen t s after one 

year but before three yea r s following the date 



of 



oi — issuance of a revised construction and 
operation permit, if pe rm it m odif i cation is 



2000 but befo r e 



required, or after August 
August 1 . 2002. if a per m it m od i f i cation is not 
required. — If this option i s chose n , then the 
owner or operato r of the facility shall submit 



to the Directo r m easu r 
incremental — steps — of 



able a n d enforceable 
pr og re ss — towards 



compliance which i n clude: 
(f) — a date — by — w h i c h — c ontr ac t s — for the 
emiss i on control syste m o r equipment 
shall be awa r ded o r o r de r s i ssued fo r 
pu r chase of co mp on e nt pa r ts : 

(rii a date by w hi ch o n site construction, 

installation, o r modif i catio n of emission 
co n tr ol equipment shall begin: 

iyn) a date by which on site construction. 

installatio n , o i' modification of emission 
con tr ol equ i pment shall be comp l eted : 

tivl — a date for initial startup of emissions 
control equipment: 

fv^ a date fo r i ni t i al peifoimance testis) of 

emission cont r ol equipment: and 

tyr) a date by which the facil i ty shall be in 

compliance with t h is Section, which 
shall be no later than three years from 
the issuance of the perm i t: or 



t€^ — cl o se b et wee n Aug u st 1 , 2000 and August 1, 
2002. If this option is chosen then the owner 
or operator of the facility shall submit to the 
Directo r a closu r e ag r eeme nt wh ich inc l udes 
the date of th e plant closure. 
(^^ — The owner or operator of a small municipal waste 

combustor plant shall comply with all r e qui rem e n ts. 



the date of 



o r close, wi thin thr e e yea r s following 

issua n c e of a re vised co n struction and operation 

permit, if a permit modification is required, or by 

August I, 2002, if a peiniil modification is not 

required. 

tJl All municipal waste combusto r s located within large 

municipal — w a s te — combusto r — pfarrt — for — which 



co n st r uction. 



reconstruction 
1987, but before 



i st r uctio n , — moditication. — or 
com m enced — after — Jtme — ih 
Septe m be r 19, 1994. shall comply with the emission 
l i m it fo r mercury specified in Paragraph (g)(1) of 
Rule .1205 of th i s Section and the emission limit fo r 
dioxin and furan specified in Paragraph (m)(2) of 
Rule .1205 of this Section with i n one yea r follow in g 
issuance of a revised construction a n d o p e r ation 
permit, if a permit modification is required, or by 
August 1. 2000. whichever is later. 

(4^ The owner or operator shall certify to the D ir ecto r 

within — five — days — after — the — d e adlin e. — for — eac+i 



ftether — the — r equ ir e d 



increment — of — progress. — whether 
increment of progress has been met. 
(c) Hos p ital. Medical, and Infectious Waste Incinerato r s. 

t+) Title V Application Date. All HMIWI's subject to 

these rules shall have submitted an application fo r a 
permit under the procedures of 15A NCAC 2Q 
.0500. Title V Procedures, by Ja n uary 1 , 2000. 

f^i Final Compliance Date. — Except fo r those HMIWIs 

desc r ibed in Subparagraphs (3) and (4) of this 
Parag r aph, all HMIWIs subject to this Rule shall be 
in compliance with this Rule or clo s e o n o r before 
July 1,2000. 

t3^ Installa t ion of Air Pollution Control Equipment. 

Any HMIWI planning to install the necessary air 
pollu t ion control equipment to com p ly with the 
emission standards in Rule .1205 of this Section 
shall be i n compl i ance w i th Rule .1205 of th i s 
Section by September 15, 2002 : — If this optio n is 
chos e n, then the owner or o p e r ator of the HMIWI 
shafl — submit — to — the — Director — measurable — and 
enforceable incremental steps of p r ogress towards 
compliance which include : 

tk) the subm i ssio n of a pet i tion for site specific 

operating pa r amete r s under 40 CER 63.56c(i): 



of an architectural 



(fii the obtaining of services 

and — engineering — firm — regarding — the — air 

po l lut i o n control device(s); 
(Cj the ob t aining of design d r awings of the ai r 

pollution control device(s); 



14:3 



NORTH CAROLINA REGISTER 



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215 



PROPOSED RULES 



("Bi th e ordering of air pollut i on control device(s); 

f the major ct i mponents of the 



th e obtaining o 

a ir pollution control dcvicc(s); 



the 



tP) the — initiation — of — site — preparation — for 

i nstallatio n — of — the — afr — pollution — control 
device(s): 

t€r) the i n itiation of installation of the air pollution 

con t rol device(s); 

fH) the in itial staitup of the air pollution control 

device(s): and 

tfl the — ini tia l — complia n ce — t estis I — of — the — arr 

pollution co nt rol d e vice(s). 

f4) Petition fo r Extension of Fi n al Co mp lia n ce Date. 

tAr) The owner or operator of an affected HMIWI 

may petition the Director for an extension of 

the compliance deadline of Sub p a r ag r aph (2) 

of th i s Parag r a p h p r ovided that the following 

ii il orniatio n is sub mit ted by January 1. 2000. 

t o allow the Director adequate t i me to grant or 

deny the extension by July I. 2000: 

tj) — documentation — of — the — analyses 

undertaken to su ppor t the need for an 

extension, including an expla n ation of 

why up to July 1. 2002 is sufficient 

time t o co m ply w i th th i s Rule while 

July I. 2000 is not sufficient. — The 

documentation shall also include a n 

e \ ' aluatio n of the optio n to trans por t the 

w aste offsite to a commercial medical 

waste treatment and d i s p osal facil i ty on 

a tempo r ary or pe r manen t bases; and 

frr) — documenta ti o n of the measurable and 

enforceable — incremental — steps — of 

progress list e d in Subpa r ag r aph (3) of 

t h i s P ar ag r a p h to h e taken towards 

compliance with the emissio n standards 

in Rule . 1 205 of this Section. 

(fii The Di r ector m ay g r an t the extens i on if all the 

re qui r e m ents in Part (A) of this Subparagraph 
are met. 

tG) If the extens i o n is g r a n ted, the HMIWI shall 

be — in — compliance — wfth — thfs — Section — by 
Jul y 1.2002. 

Autlwrin' G.S. 143-215. 3(a)(l}: 143-215. I07(a){4).(5). 

SUBCHAPTER 2Q - AIR QUALITY PERMITS 
PROCEDURES 

SECTION .0100 - GENERAL PROVISIONS 

.0102 ACTIVITIES EXEMPTED FROM PERMIT 
REQUIREMENTS 



(a) If a source is subject to any of the following rules, then 
the source is not exempted from permit requirements, and the 
exemptions in Paragraph (b) of this Rule do not apply: 

(1) new source performance standards under 15A 
NCAC 2D .0524 or 40 CFR Part 60. except: 

(A) 40 CFR Part 60. Subpart Dc. industrial, 
commercial, and institutional steam generating 
units located at a facility not required to be 
permitted under Section .0500 of this 
Subchapter: 

(B) 40 CFR Part 60, Subpart Kb, volatile organic 
liquid storage vessels located at a facility not 
required to be permitted under Section .0500 
of this Subchapter; or 

(C) 40 CFR Part 60, Subpart AAA. new 
residential wood heaters: 

(2) national emission standards for hazardous air 
pollutants under I5A NCAC 2D .1 1 10 or 40 CFR 
Part 61. except asbestos demolition and renovation 
activities; 

O) prevention of significant deterioration under I5A 
NCAC 2D .0530; 

(4) new source review under 15A NCAC 2D .0531 or 
.0532; 

(5) sources of volatile organic compounds subject to the 
requirements of 15A NCAC 2D .0900 that are 
located in Mecklenburg County in accordance with 
according to 15A NCAC 2D .0902; 

(6) sources required to apply maximum achievable 
control technology (MACT) for hazardous air 
pollutants under 1 5A NCAC 2D . 1 1 09. . 1 1 1 1 .. 1 1 1 2. 
or 40 CFR Part 63 that are required to have a permit 
under Section .0500 of this Subchapter; or 

(7) sources at facilities subject to I5A NCAC 2D .1 100. 
(If a source does not emit a toxic air pollutant for 
which the facility at which it is located has been 
modeled, it shall be exempted from needing a permit 
if it qualifies for one of the exemptions in Paragraph 
(b) of this Rule). 

(b) The following activities do not need a permit or permit 
modification under this Subchapter; however, the Director may 
require the owner or operator of these activities to register them 
under I5ANCAC2D .0200: 

( 1 ) activities exempted because of category (These 
activities shall not be included on the permit 
application or in the permit.): 
(A) maintenance, upkeep, and replacement: 

(i) maintenance, structural changes, or 
repairs which do not change the 
capacity of such process, fuel-burning, 
refuse-burning, or control equipment, 
and do not involve any change in 
quality or nature or increase in quantity 
of emission of regulated air pollutants; 



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(ii) housekeeping activities or building 
maintenance procedures, including 
painting buildings, resurfacing lloors. 
roof repair, washing, portable vacuum 
cleaners, sweeping, use and associated 
storage of janitorial products, or 
insulation removal; 

(iii) use of office supplies, supplies to 
maintain copying equipment, or 
blueprint machines, 

(iv) use of fire fighting equipment; 
(V) paving parking lots; or 

(vi) replacement of existing equipment with 
equipment of the same size, type, and 
function that does not result in an 
increase to the actual or potential 
emission of regulated air pollutants and 
thai does not affect the compliance 
status, and with replacement equipment 
that fits the description of the existing 
equipment in the permit, including the 
application, such that the replacement 
equipment can be operated under that 
permit without any changes in the 
permit; 

(B) air conditioning or ventilation: comfort air 
conditioning or comfort ventilating systems 
which do not transport, remove, or exhaust 
regulated air pollutants to the atmosphere; 

(C) laboratory activities: 

(i) bench-scale, on-site equipment used 
exclusively for chemical or physical 
analysis for quality control purposes, 
staff instruction, water or wastewater 
analyses, or non-production 
environmental compliance assessments; 

(ii) bench-scale experimentation, chemical 
or physical analyses, training or 
instruction from not-for-prot"it, non- 
production educational laboratories; 

(iii) bench-scale experimentation, chemical 
or physical analyses, training or 
instruction from hospitals or health 
laboratories pursuant to the 
determination or diagnoses of illness; 
or 

(iv) research and development laboratory 
activities that are not required to be 
permitted under Section .0500 of this 
Subchapter provided the activity 
produces no commercial product or 
feedstock material; 

(D) storage tanks: 

(i) storage tanks used solelv to store fuel 



oils, kerosene, diesel, crude oil, used 
motor oil, lubricants, cooling oils, 
natural gas or liquified petroleum gas; 

(ii) storage tanks used to store gasoline for 
which there are no applicable 
requirements except Stage I controls 
under 15A NCAC 2D .0928; 

(iii) storage tanks used solely to store 
inorganic liquids; or 

(iv) storage tanks or vessels used for the 
temporary containment of materials 
resulting from an emergency response 
to an unanticipated release of hazardous 
materials; 

(E) combustion and heal transfer equipment: 

(i) space heaters burning distillate oil. 
kerosene, natural gas, or liquified 
petroleum gas operating by direct heat 
transfer and used solely for comfort 
heat; 

(ii) residential wood stoves, heaters, or 
fireplaces; 

(iii) hot water healers which are used for 
domestic purposes only and are not 
used to heat process water; 

(F) wastewater treatment processes: industrial 
wastewater treatment processes or municipal 
wastewater treatment processes for which 
there are no applicable requirements; 

(G) gasoline distribution: 

(i) gasoline service stations or gasoline 
dispensing facilities that are not 
required to be permitted under Section 
.0500 of this Subchapter; or 
(ii) gasoline dispensing equipment at 
facilities required to be permitted under 
Section .0500 of this Subchapter if the 
equipment is used solely to refuel 
facility equipment; 
(H) dispensing equipment: equipment used solely 
to dispense diesel fuel, kerosene, lubricants or 
cooling oils; 
(I) solvent recycling: portable solvent distillation 
systems used for on-site solvent recycling if: 
(i) The portable solvent distillation system 
is not: 

(I) owned by the facility, and 
(II) operated at the facility for more 
than seven consecutive days; and 
(ii) The material recycled is: 

(I) recycled at the site of origin. 
(II) Ihe original material is non- 
photochcmically reactive m 



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217 



PROPOSED RULES 



acco r dance — with according to 15A NCAC 2D .0518, 
Miscellaneous Volatile Organic Compound Emissions, and 

(III) all make up material is non- 
photochemically reactive m 
accordance with according to 
15A NCAC 2D .0518; 
(J) processes: 

(i) small electric motor burn-out ovens 
with secondary combustion chambers 
or afterburners; 
(ii) small electric motor bake-on ovens; 
(iii) burn-off ovens for paint-line hangers 

with afterburners; 
(iv) hosiery knitting machines and 
associated lint screens, hosiery dryers 
and associated lint screens, and hosiery 
dyeing processes where bleach or 
solvent dyes are not used; 
(v) blade wood planers planing only green 
wood; 
(K) miscellaneous: 

(i) motor vehicles, aircraft, marine vessels, 
locomotives, tractors or other 
self-propelled vehicles with internal 
combustion engines; 
(ii) non-self-propelled non-road engines, 
except generators, regulated by rules 
adopted under Title II of the federal 
Clean Air Act; 
(iii) equipment used for the preparation of 
food for direct on-site human 
consumption; 
(iv) a source whose emissions are regulated 
only under Section 1 1 2(r) or Title VI of 
the federal Clean Air Act that is not 
required to be permitted under Section 
.0500 of this Subchapter; 
(v) exit gases from in-line process 

analyzers; 
(vi) stacks or vents to prevent escape of 
sewer gases from domestic waste 
through plumbing traps; 
(vii) refrigeration equipment that is 
consistent with Section 601 through 
618 of Title VI (Stratospheric Ozone 
Protection) of the federal Clean Air 
Act, 40 CFR Part 82, and any other 
regulations promulgated by EPA under 
Title VI for stratospheric ozone 
protection, except those units used as or 
in conjunction with air pollution control 
equipment; 
(viii) equipment not vented to the outdoor 
atmosphere with the exception of 



equipment that emits volatile organic 
compounds; 
(ix) equipment that does not emit any 

regulated air pollutants; 

(x) facilities subject only to a requirement 

under 40 CFR Part 63 that are not 

required to be permitted under Section 

.0500 of this Subchapter (This Subpart 

does not apply when a control device is 

used to meet a MACT or GACT 

emission standard.); or 

(xi) sources for which there are no 

applicable requirements and that are at 

a facility not required to be permitted 

under Section .0500 of this Subchapter. 

(2) activities exempted because of size or production 

rate (These activities shall not be included in the 

permit. If the facility is subject to the permitting 

procedures under Section .0500 of this Subchapter, 

these activities shall be listed on the permit 

application; otherwise, these activities shall not be 

listed on the permit application.): 

(A) storage tanks: 

(i) above-ground storage tanks with a 
storage capacity of no more than 1 100 
gallons storing organic liquids with a 
true vapor pressure of no more than 
10.8 pounds per square inch absolute at 
70°F; or 

(ii) underground storage tanks with a 
storage capacity of no more than 2500 
gallons storing organic liquids with a 
true vapor pressure of no more than 
10.8 psi absolute at 70°F; 

(B) combustion and heat transfer equipment 
located at a facility not required to be 
permitted under Section .0500 of this 
Subchapter: 

(i) fuel combustion equipment, except for 
internal combustion engines, firing 
exclusively kerosene, No. I fuel oil. 
No. 2 fuel oil, equivalent unadulterated 
fuels, or a mixture of these fuels or one 
or more of these fuels mixed of with 
natural gas or liquified petroleum gas 
with a heat input of less than: 
(I) 10 million BTU per hour for 

which construction. 

modification, or reconstructed 

commenced after June 9. 1989; 

or 
(II) 30 million BTLT per hour for 

which construction. 

modification, or reconstruction 

commenced before June 10. 



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PROPOSED RULES 



1989; 



(ii) fuel combustion equipment, except for 
internal combustion engines, firing 
exclusively natural gas or liquified 
petroleum gas or a mixture of these 
fuels with a heat input rating less than 
65 million BTU per hour; 
(iii) space heaters burning waste oil if: 

(I) The heater burns only oil that the 
owner or operator generates or 
used oil from do-it-yourself oil 
changers who generate used oil 
as household wastes; 
(II) The healer is designed to have a 
maximum capacity of not more 
than 500,000 Btu per hour; and 
(III) The combustion gases from the 
heater are vented to the ambient 
air; 
(iv) emergency use generators and other 
internal combustion engines not 
regulated by rules adopted under Title 
II of the federal Clean Air Act, except 
self-propelled vehicles, that have a 
rated capacity of no more than: 
(I) 310 kilowatts (electric) or 460 
horsepower for natural gas-fired 
engines, 
(II) 830 kilowatts (electric) or 1150 
horsepower for liquified 
petroleum gas-fired engines, 

(III) 270 kilowatts (electric) or 410 
horsepower for diesel-fired or 
kerosene-fired engines, or 

(IV) 21 kilowatts (electric) or 31 
horsepower for gasoline-fired 
engines; 

(v) portable generators and other portable 
equipment with internal combustion 
engines not regulated by rules adopted 
under Title II of the federal Clean Air 
Act, except self-propelled vehicles, that 
operate at the facility no more than a 
combined 350 hours for any 365-day 
period provided the generators or 
engines have a rated capacity of no 
more than 750 kilowatt (electric) or 
1100 horsepower each and provided 
records are maintained to verify the 
hours of operation; 

(\i) peak shaving generators that produce 
no more than 325,000 kilowatt-hours of 
electrical energy for any 12-month 
period provided records are maintained 



to vei ify the energy production on a 
monthly basis and on a 12-month basis; 

(C) gasoline dis 'ibution: bulk gasoline plants 
with an avenge daily throughput of less than 
4000 gallon, that is not required to be 
permitted l ider Section .0500 of this 
Subchapter; 

(D) processes: 

(i) printing, paint spray booths or other 
paintii g or coating operations without 
air p( llution control devices (water 
wash ; nd filters that are an integral part 
of th : paint spray booth are not 
consii ered air pollution control 
device.) located at a facility whose 
facilii; -wide actual emissions of: 
(I) Volatile organic compounds are 

ess than five tons per year, and 
(II) Photochemically reactive solvent 
•amissions under 15A NCAC 2D 
05 1 8 are less than 30 pounds 
3er day; 
proviJ .'d the facility is not required to 
be pc mitted under Section .0500 of 
this Si bchapler; 
(ii) saw mils that saw no more than 
2,00(1 )()() board feet per year provided 
only g ecn wood is sawed; 
(iii) perchi iroethylene dry cleaners that 
consul :e less than 13,000 pounds (965 
gallon ) of perchloroethylene per year; 
(iv) electrt static dry powder coating 
operai ons equipped with powder 
recovi ry including curing ovens with a 
heat nput of less than 10,000.000 BTU 
per ho ir; 

(E) miscellaneous: 

(i) any s )urce without an air pollution 
contni device whose emissions would 
not vi,)late any applicable emissions 
standa d and whose potential emissions 
of par iculate, sulfur dioxide, nitrogen 
oxide.'- ■ volatile organic compounds, 
and c;i bon monoxide are each no more 
than live tons per year and whose 
potent al emissions of hazardous air 
pollul.ints are below their lessor 
quanti y cutoff except: 
(I) storage tanks, 

(II) fuel combustion equipment, 
excluding fuel combustion 
jquipmenl at facilities required 
to have a permit under Section 
.0500 of this Subchapter, firing 



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August 2, 1999 



219 



PROPOSED RULES 



exclusively kerosene. No. 1 fuel oil. No. 2 fuel oil. equi\alent 
unadulterated fuels, natural gas. liquified petroleum gas, or a 
mixture of these fuels, 

(III) space heaters burning waste oil, 

( IV ) generators, excluding emergency 
generators, or other non-self- 
propelled internal combustion 
engines. 

(V) bulk gasoline plants, 
(VI) printing, paint spray booths, or 

other painting or coating 

operations, 
(VII) sawmills, 
(VIII) perchloroethylene dry cleaners, 

or 
(IX) electrostatic dry powder coating 

operations, 
provided that the total potential 
emissions of particulate, sulfur dioxide, 
nitrogen oxides, volatile organic 
compounds, and carbon monoxide from 
the facility are each less than 40 tons 
per year and the total potential 
emissions of all hazardous air 
pollutants are below their lesser 
quantity cutoff emission rates or 
provided that the facility has an air 
quality permit; 
(ii) any facility without an air pollution 
control device whose actual emissions 
of particulate, sulfur dioxide, nitrogen 
oxides, volatile organic compounds, or 
carbon inonoxide are each less than 
five tons per year, whose potential 
emissions of all hazardous air 
pollutants are below their lesser 
quantity cutoff emission rates, and 
which is not required to have a permit 
under Section .()5()(J of this Subchapter; 
(iii) any source that only emits hazardous 
air pollutants that are not also a 
particulate or a volatile organic 
compound and whose potential 
emissions of hazardous air pollutants 
are below their lesser quantity cutoff 
emission rates; or 
(iv) any incinerator covered under 
Parag r ap h (d) Subparagraph (c)(4) of 
I5ANCAC2D.I201. 
(F) case-by-case exemption: 

(i) for activities located at facilities not 
required to have a permit under Section 
.0500 of this Subchapter, activities that 
the applicant demonstrates to the 
satisfaction of the Director: 



(I) to be negligible in their air 

quality impacts, 
(II) not to have any air pollution 

control device, and 
(III) not to violate any applicable 
emission control standard when 
operating at maximum design 
capacity or maximum operating 
rate, whichever is greater; or 
(ii) for activities located at facilities 
required to have a permit under Section 
.0500 of this Subchapter: activities that 
the applicant demonstrates to the 
satisfaction of the Director: 
(I) to be negligible in their air 

quality iinpacts. 
(II) not to have any air pollution 
control device, 

(III) not to violate any applicable 
emission control standard when 
operating at maximum design 
capacity or maximum operating 
rate, whichever is greater. 

(IV) the potential emissions of each 
criteria pollutant is less than five 
tons per year, and 

(V) the potential emissions of each 
hazardous air pollutant is less 
than 1000 pounds per year. 

(c) Because an activity is exempted horn being required to 
have a perinit does not mean that the activity is exempted from 
any applicable requirement or that the owner or operator of the 
source is exempted from demonstrating compliance with any 
applicable requirement. 

(d) Emissions from stationary source activities identified in 
Paragraph (b) of this Rule shall be included in determining 
compliance with the toxic air pollutant requirements under 1 5 A 
NCAC2D.IIOOor2Q.0700. 

(e) The owner or operator of a facility or source claiming an 
exemption under Paragraph (b) of this Rule shall prcnide the 
Director documentation upon request that the facility or source 
is qualified for that exemption. 

Aiiihoritr G.S 143-215. 3(a)(l ): 143-21 5. I()7{liH4}: 
143-2 15. 1 OS. 

SECTION .0300 - CONSTRUCTION AND OPERATION 
PERMITS 

.0306 PERMITS REQUIRING PUBLIC 
PARTICIPATION 

(a) The Director shall provide for public notice for 
comments with an opportunity to request a public hearing on 
draft permits for the following: 



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PROPOSED RULES 



( i ) any source that may he designated by the Director 
based on significant pubhc interest relevant to air 
quality; 

(2) a source to which 15A NCAC 2D .0530 or .0331 
applies; 

(3) a source whose emission limitation is based on a 
good engineering practice stack height that exceeds 
the height detlned in 15A NCAC 2D .0533(a)(4)(A). 
(B), or(C); 

(4) a source required to ha\'e controls more stringent 
than the applicable emission standards in 15A 
NCAC 2D .0500 i n acco r dance with according to 
15A NCAC 2D .0501 when necessary to comply 
with an ambient air quality standard under 15A 
NCAC 2D .0400; 

(5) any physical or operational limitation on the capacity 
of the source to emit a pollutant, including air 
cleaning device and restrictions on hours of 
operation or on the type or amount of material 
combusted, stored, or processed, when such a 
limitation is necessary to avoid the applicability of 
rules m 15A NCAC 2D .0900 or 15A NCAC 2Q 
.0500; 

(6) alternative controls different than the applicable 
emission standards in I5A NCAC 2D .0900 m 
acco r da n ce w i t h according: to 1 5 A NCAC 2D .0952; 

(7) an alternate compliance schedule promulgated in 
acco r dance w i th accordinii to 1 5 A NCAC 2D .09 1 0; 

(8) a limitation on the quantity of solvent-borne ink that 
may be used by a printing unit or printing system in 
accordance wi t h according to 1 5A NCAC 2D .0936; 

(9) an allowance of a particulate emission rate of 0.08 
grains per dry standard cubic foot for an incinerator 
constructed before July 1. 1987. i n ac c o r da n ce w i th 
according to 15A NCAC 2D .1205(b)(2); 
.1204(c)(2)(B) or . 1207(bH2HC); 

(10) an alternative mix of controls under 15A NCAC 2D 
.0501(f); 

(11) a source that is subject lo the requirements of 15A 
NCAC2D.1109or.lll2;or 

(12) the owner or operator who requests that the draft 
permit go to public notice with an opportunity to 
request a public hearing. 

(b) Failure of the owner or operator of a source permitted 
pursuant to this Rule to adhere to the terms and limitations of 
the permit shall be grounds for: 

( 1 ) enforcement action; 

(2) pennit termination, revocation and reissuance, or 
modification; or 

(3) denial of permit renewal applications. 

(c) All emissions limitations, controls, and other 
requirements imposed by a permit issued pursuant to this Rule 
shall be at least as stringent as any other applicable requirement 
as defined under Rule .0103 (effective date of July 1, 1994) of 



this Subchapter. The permit shall not waive or make less 
stringent an\ limitation or requirement contained in any 
applicable requirement. 

(d) Emissions limitations, controls and requirements 
contained in permits issued pursuant to the rule shall be 
permanent, quantifiable, and otherwise enforceable as a 
practical matter under G.S. 143-215. 114A. 143-215.1 14B. and 
143-215.1 14C. 

(e) If EPA requires the State to submit a permit as part of 
the North Carolina State Implementation Plan for Air Quality 
(SIP) and if the Commission approves a permit containing any 
of the conditions described in Paragraph (a) of this Rule as a 
part of the SIP. the Director shall submit the permit to the EPA 
on behalf of the Commission for inclusion as part of the 
federally approved SIP. 

Aurhoritx G.S. 143-2 1 5.Mci}( hA 3): 143-215.108: 
143-215. INA: 143-215.1 I4B: 143-215. INC. 

SECTION .0700 - TOXIC AIR POLLUTANT 
PROCEDURES 

.0702 EXEMPTIONS 

(a) A permit to emit toxic air pollutants shall not be required 
under this Section for: 

( 1 ) residential wood stoves, heaters, or fireplaces; 

(2) hot water heaters that are used for domestic purposes 
only and are not used to heat process water: 

(3) maintenance, structural changes, or repairs that do 
not change capacity of that process, fuel-burning, 
refuse-burning, or control equipment, and do not 
involve any change in quality or nature or increase in 
quantity of emission of any regulated air pollutant or 
toxic air pollutant; 

(4) housekeeping activities or building maintenance 
procedures, including painting buildings, resurfacing 
floors, roof repair, washing, portable vacuum 
cleaners, sweeping, use and associated storage of 
janitorial products, or non-asbestos bearing 
insulation removal; 

(5) use of office supplies, supplies to maintain copying 
equipment, or blueprint machines; 

(6) pa\ ing parking lots; 

(7) replacement of existing equipment with equipment 
of the same si/e. type, and function that does not 
result in an increase to the actual or potential 
emissions of any regulated air pollutant or toxic air 
pollutant and that does not affect compliance status 
and. with replacement that fits the description of the 
existing equipment in the permit, including the 
application, such that the replacement equipment can 
be operated under that permit without any changes to 
the permit; 

(8) comfort air conditioning or comfort ventilation 



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August 2. 1999 



221 



PROPOSED RULES 



systems that does not transport, remove, or exhaust 
regulated air pollutants to the atmosphere; 
(9) equipment used tor the preparation of food for direct 
on-site human consumption; 

(10) non-self-propelled non-road engines, except 
generators, regulated by rules adopted under Title II 
of the federal Clean Air Act; 

(11) stacks or vents to prevent escape of sewer gases 
from domestic waste through plumbing traps; 

(12) use of fire lighting equipment; 

(13) the use for agricultural operations by a farmer of 
fertilizers, pesticides, or other agricultural chemicals 
containing one or more of the compounds listed in 
15A NCAC 2D .1 104 if such compounds are applied 
according to agronomic practices acceptable to the 
North Carolina Department of Agriculture and the 
Commission; 

(14) asbestos demolition and renovation projects that 
comply with 15A NCAC 2D .1110 and that are 
being done by persons accredited by the Department 
of Health and Human Services under the Asbestos 
Hazard Emergency Response Act; 

(13) fji m and pel inci n e r ato r s used o n ly to dispose of 
dead ani m als — as — identitled in — 15A NCAC — 2D 
.1201(d) and (e); incinerators used only to dispose of 
dead animals or pc^ultrv as identified m 15A NCAC 
2D .12()l(c)(4) or incinerators used onh lo dispose 
of dead pets as identified in 15A NCAC 2D 
.1207(a)(2)(A); 

(16) refrigeration equipment that is consistent with 
Section 601 through 618 of Title VI (Stratospheric 
Ozone Protection) of the federal Clean Air Act, 40 
CFR Part 82, and any other regulations promulgated 
by EPA under Title VI for stratospheric ozone 
protection, except those units used as or with air 
pollution control equipment; 

(17) laboratory activities: 

(A) bench-scale, on-site equipment used 
exclusively for chemical or physical analysis 
for quality control purposes, staff instruction, 
water or wastewater analyses, or non- 
production environmental compliance 
assessments; 

(B) bench scale experimentation, chemical or 
physical analyses, training or instruction from 
nonprofit, non-production educational 
laboratories; 

(C) bench scale experimentation, chemical or 
physical analyses, training or instruction from 
hospital or health laboratories pursuant to the 
determination or diagnoses of illnesses; and 

(D) research and development laboratory activities 
that are not required to be permitted under 
Section .0500 of this Subchapter pro\ided the 
activity produces no commercial product or 



(18) 



(19) 



(20) 
(21) 
(22) 



(23) 



feedstock material; 
combustion sources as defined in 15 NCAC 2Q 
.0703 until 18 months after promulgation of the 
MACT or GACT standards for combustion sources. 
(Within 18 months following promulgation of the 
MACT or GACT standards for combustion sources, 
the Commission shall decide whether to keep or 
remove the combustion source exemption. If the 
Commission decides to remove the exemption, it 
shall initiate rulemaking procedures to remove this 
exemption.) 
storage tanks used only to store: 

(A) inorganic liquids with a true vapor pressure 
less than 1 .5 pounds per square inch absolute; 

(B) fuel oils, kerosene, diesel. crude oil. used 
motor oil. lubricants, cooling oils, natural gas. 
liquefied petroleum gas. or petroleum 
products with a true vapor pressure less than 
1 .5 pounds per square inch absolute; 

dispensing equipment used solely to dispense diesel 
fuel, kerosene, lubricants or cooling oils; 
portable solvent distillation systems that are 
exempted under 15A NCAC 2Q .0102(b)( 1)(I); 
processes: 

(A) small electric motor burn-out ovens with 
secondary combustion chambers or 
afterburners; 

(B) small electric motor bake-on ovens; 

(C) burn-off ovens for paint-line hangers with 
afterburners; 

(D) hosiery knitting machines and associated lint 
screens, hosiery dryers and associated lint 
screens, and hosiery dyeing processes where 
bleach or solvent dyes are not used; 

(E) blade wood planers planing onl> green wood; 

(F) saw mills that saw no more than 2,000,000 
board feet per year provided only green wood 
is sawed; 

(G) perchloroethylene drycleaning processes with 
12-month rolling average consumption of: 

(i) less than 1366 gallons of 
perchloroethylene per year for facilities 
v\ iih dry-to-dry machines only; 
(ii) less than 1171 gallons of 
perchloroethylene per year for facilities 
with transfer machines only; or 
(iii) less than 1171 gallons of 
perchloroethylene per year for facilities 
with both transfer and dry-to-dry 
machines; 
gasoline dispensing facilities or gasoline service 
station operations that comply with 15A NCAC 2D 
.0928 and .0932 and that receive gasoline from bulk 
gasoline plants or bulk gasoline terminals that 



222 



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PROPOSED RULES 



comply with 15A NCAC 2D .0524. .0925. .0926. 
.0927. .0932. and .0933 via tank trucks that comply 
with 15A NCAC 2D .0932; 

(24) the use of ethylene oxide as a sterilanl in the 
production and subsequent storage of medical 
devices or the packaging and subsequent storage of 
medical devices for sale if the emissions from all 
new and existing sources at the facility described in 
15A NCAC 2D .0538(d) are controlled at least to the 
degree described in 15A NCAC 2D .0538(d) and the 
facility complies with 15A NCAC 2D .0538(e) and 
(f): 

(25) bulk gasoline plants, including the storage and 
handling of fuel oils, kerosenes, and jet fuels but 
excluding the storage and handling of other organic 
liquids, that compfy with 15A NCAC 2D .0524, 
.0925, .0926, .0932. and .0933; unless the Director 
finds that a permit to emit toxic air pollutants is 
required under this Section for a particular bulk 
gasoline plant; or 

(26) bulk gasoline terminals, including the storage and 
handling of fuel oils, kerosenes, and jet fuels but 
excluding the storage and handling of other organic 
liquids, that comply with 15A NCAC 2D .0524. 
.0925. .0927. .0932. and .0933 if the bulk gasoline 
terminal existed before November 1. 1992; unless: 

(A) the Director finds that a permit to emit toxic 
air pollutants is required under this Section for 
a particular bulk gasoline terminal, or 

(B) the owner or operator of the bulk gasoline 
terminal meets the requirements of 15A 
NCAC 2D .0927(1). 

(b) Emissions from the activities identified Subparagraphs 
(a)(23) through (a)(26) of this Rule shall be included in 
determining compliance with the toxic air pollutant 
requirements in this Section and shall be included in the permit 
if necessary to assure compliance. 

(c) The addition or modification of an activity identified in 
Paragraph (a) of this Rule shall not cause the source or facility 
to be evaluated for emissions of toxic air pollutants. 

(d) Because an activity is exempted from being required to 
have a permit does not mean that the activity is exempted from 
any applicable requirement or that the owner or operator of the 
source is exempted from demonstrating compliance with any 
applicable requirement. 



AuthoriTy G.S. J43-2l5.3(aH 1} 
1989, c. 168, s. 45. 



143-215.108: 143B-282: S.L 



Notice /.v hereby i^iven in accordance with G.S. I5(IB-21 .2 
thai the Environmental Management C<>tiu)iission intends 
to adopt the ride.s cited as 15.A NCAC 2D .1801 -.1804 and 



amend the ride cited as 15A NCAC 2Q .0102. Notice of Rule- 
making Proceedings nas published in the Register on March 
15. 1999 and May 14, 1999. 

Proposed Effective Date: Jul\ I. 2000 

A Public Hearing will be conducted at the following times and 
locations: 

Wednesday. August 18. 1999 

7:00 p.m. 

J.H. Rose High School Auditorium 

600 Arlington Blvd. 

Greenville. NC 

Wednesday. August 25. 1999 

7:00 p.m. 

Cumberland Count} Coliseum Complex 

Agri-Expo Center 

121 East Mountain Drive 

Fuxetteville. NC 28306 

Monday. August 30. 1999 

7:00 p.m. 

Sampson County Agri E.xposition Center 

Heritage Hall 

414 Warsaw Road 

Clinton. NC 

Wednesday. September 1 . 1999 

7:00 p.m. 

Mooresville Citizen Center 

Joe V. Knox Auditorium 

215 North Main Street 

Mooresville. NC 

Reason for Proposed Action: To adopt permanent rules to 
control odorous emissions from animal operations with liquid 
animal waste management systems. House Bill 515 requires 
the Environmental Management Commission to adopt 
temporary rules by March 1. 1999 to regulate the emission of 
odors from animal operations. These permanent rules will 
replace the adopted temporan rules. 

Comment Procedures: All perscms interested in these matters 
are invited to attend tlie public hearings. Any person desiring 
to comment for nunc than three minutes is requested to submit 
a written statement for inclusion in the record of proceedings 
at the public hearing. The hearing record will remain open 
until October 1. 1999. Comments should be sent to and 
additional information concerning the hearing or the 



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223 



PROPOSED RULES 



proposals may be obtained by contacting Mr. Thomas C. Allen, 
Division of Air Qualit}-, 2728 Capital Blvd., 1641 Mail Senice 
Center, Raleigh, NC 27699-1641, or at (919) 733-1489 
(phone), (919) 715-7476 (fax) or at thom_allen@ncair.net. 

Fiscal Note: This Rule. ISA NCAC 2Q .0102, does not affect 
the expenditures or revenues of state or local government funds 
and does not have a substantial economic impact of at least 
five million dollars ($5,000,000) in a 12-month period. 

Fiscal Note: These Rules. 15A NCAC 2D .1801-. 1804 do not 
affect the expenditures or revenues of state or local 
government funds. These Rules do have a substantial 
econcmiic impact of at least five million dollars ($5,000,000) in 
a 1 2 -month period. 

CHAPTER 2 - ENVIRONMENTAL MANAGEMENT 

SUBCHAPTER 2D - AIR POLLUTION CONTROL 
REQUIREMENTS 

SECTION .1800 - CONTROL OF ODORS 



.1801 

For 
apply: 



ill 

(3) 



DEFINITIONS 

the purpose of this Section, the following definitions 

"Control tech n ology" means economica l ly feasible 
control — devices — in stalled — to — effectively — reduce 
objectionable odo r s fr o m animal operations. 
"Animal operation" means animal operation as 
defined in at G.S. 143-2 15.1 OB. 
"Child care center" means child care centers 



as 

defined in G.S. 1 10-86 licensed under G. S. 1 10. 
Article 7. 

"Construction" means any physical change 
(including fabrication, erection, installation, 
replacement, demolition, excavation, or other 
modification) at any contiguous area under common 
control. 
(4] "Control technology" means economically feasible 
control devices installed to effectively reduce 
objectionable odors from animal operations. 

t4)(5) "Existing animal operation" means an animal 
operation that is in operation or commences 
construction on or before February 28, 1999. 
(6) "Historic properties" means historic properties 
acquired by the State pursuant to G.S. 121-9 or listed 
in the North Carolina Register of Historic Places 
pursuant to G.S. 121-4.1. 

t5l(7) "Modified animal operation" means an animal 
operation that commences construction after 
February 28, 1999. to increase the number of 
animals that can be housed at that animal operation. 



Modified animal operation does not include 
renovating existing bams, relocating bams, or 
replacing existing lagoons or barns if the new barn or 
lagoon is no closer to the nearest property line. 
Activities — exempted — from — the — moratorium — on 
construction o r expansion of swine fauns in S.L. 
1997, c. 458, s. 1.1, do not constitute a modified 
animal operation provided that th e owner or opeiatoi 
d e monstrates to the Directo r that the activity will not 
r esult in an objectionable odor. 

f6)(8) "New animal operation" means an animal operation 
that commences construction after February 28, 
1999. 

f7l(9) "Objectionable odor" means any odor present in the 
ambient air that by itself, or in combination with 
other odors, is or may be harmful or injurious to 
human health or welfare, or may unreasonably 
interfere with the comfortable use and enjoyment of 
life or property. Odors are harmful or injurious to 
human health if they tend to lessen human food and 
water intake, interfere with sleep, upset appetite, 
produce irritation of the upper respiratory tract, or 
cause symptoms of nausea, or if their chemical or 
physical nature is, or may be, detrimental or 
dangerous to human health. 

( 10) "Occupied residence" means occupied residence as 
defined in G.S. 106-802 . 

(11) "State Parks" means State Parks as defined in G.S. 
113-44.9. 

t8l ( 12) "Technologically feasible" means that an odor 
control device or a proposed solution to an odor 
problem has previously been demonstrated to 
accomplish its intended objective, and is generally 
accepted within the technical community. It is 
possible for technologically feasible solutions to 
have demonstrated their suitability on similar, but 
not identical, sources for which they are proposed to 
control. 

Authority- G.S. 143-215. 3(a)(1): 143-215. 107(a)( 1 1 ): 143-213. 

.1802 CONTROL OF ODORS FROM ANIMAL 
OPERATIONS USING LIQUID ANIMAL 
WASTE MANAGEMENT SYSTEMS 

(a) Purpose. The purpose of this Rule is to control 
objectionable odors from animal operations beyond the 
boundaries of animal operations. 

(b) Applicability. This Rule shall apply to all animal 
operations. 

(c) Required management practices. All animal operations 
shall be required to implement applicable management 
practices for the control of odors as follows: 



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( 1 ) The discharge point of the flush water discharge pipe 
pipe, including discharge pipes from lift stations, 
shall extend to a point below the surface of the 
animal wastewater lagoons or wastewater holding 
ponds; or a method approved by the Director as 
equivalently effective at reducing odors from 
discharge into lagoons or holding ponds may be used 
in place of a submerged discharge point; this 
Subparagraph does not apply to milking p arlor waste 
or egg laving operations; lagoon; 

(2) The carcasses of dead animals shall be properly 
stored at all times and disposed of within 24 hours 
after becoming aware of the death of the animal 
according to the methods approved by the State 
Veterinarian for disposal of dead domesticated 
animals under G. S. 106-403; 48 hours; 

(3) Waste from animal wastewater application spray 
systems shall be applied in such a manner and under 
such conditions to prevent not be applied when the r e 
i s d an ge r of drift from the irrigation field of the 
wastewater spray beyond the boundary of the animal 
operation, except waste from application spray 
systems may be applied in an emergency to maintain 
safe lagoon freeboard if the owner or operator 
notifies the Department and resolves the emergency 
with the Department as written in Section III. 6 of the 
Swine Waste Operation General Permit; 

(4) Animal wastewater application spray system intakes 



shall be located near the liquid surface of the animal 
wastewater lagoon; 

(5) Ventilation fans shall be maintained according to the 
manufacturer's specifications; 

(6) Animal feed storage containers located outside of 
animal containment buildings shall be covered 
except when necessary to remove or add feed; this 
Subparagraph does not apply to the storage of silage 
or hay or to commodity boxes with roofs; and 

(7) Animal wastewater flush tanks shall be covered wrth 
a device that is designed for ready access to prevent 
overtfow or shall have installed a fill pipe that 
extends below the surface of the tank's wastewater; 
wastewater, or a method approved by the Director 
as equivalently effective at reducing odors from 
flush tanks may be used in place of a cover or 
submerged fill pipe. 

All animal operations shall be in compliance with this 
Paragraph by June 1, 1999. 

(d) Odor management plan for existing animal operations for 
swine. Animal operations for swine that meet the criteria in the 
table in this Paragraph shall submit an odor management plan 
to the Director according to ttie schedule hi tlie table in this 
Paragraph. The odor management plan shall describe how 
odors are currently being controlled and how these odors will 
be controlled in llie future. The odor management plan shall 
contain the elements described in Rule . 1 803(a) of this Section. 



100 pounds s 


teady state 


Distance in feet to the boundary of the nearest 


Date by when the odor 


live weight of swine 


neighboring occupied property with an inhabitable 
structure, business, school, hospital, church, outdoor 


management plan is to he 
submitted 










recreational facility, national park. State Park, historic 




at least 


but less 
than 


property, or child care center 




10,000 


20,000 


less than or equal to 3,000 


January 15,2002 


20,000 


40,000 


less than or equal to 4,000 


July 15.2001 


40.000 




less than or equal to 3.000 


January 15,2001 



For the purposes of tliis Rule, the distance shall tie measured 
from the edge of the bam or lagoon, whichever is closest, to 
the boundary of tfie neighboring (K'cupied property with an 
inhabitable structure, business, schocil, hospital, church, 
outdoor recreational facility, national park. State Park, historic 
property, or child care center. All animal operations for swine 
that are of the size in thie table in this Paragraph shall either 
submit by the date specified in this table either an odor 
inanagement plan or documentation that no neighboring 
occupied property with an inhabitable structure, business, 
schocil. hospital, church, outdoor recreaticmal facility, national 
park. State Park, historic property, or child care center are 
within the distances specified in the table as of the date that the 
submittal is due. Alter July 15, 2002. the Director may require 



existing animal operations for swine with a steady state live 
weight of swine between 1,000 to 1 0,000 hundredweights to 
submit an odor management plan if the Director determines 
that these animal operations may cause or contribute to an 
objectionable odor. The Director may require an existing 
animal operation to submit a best management plan under 
Paragraph (h) ot' thns Rule if the existing animal operation fails 
to submit an odor management plan by the schedule in this 
Paragraph of this Rule. 
td1(e) Location of objectionable odor determinations. 
( 1 ) For an existing animal operation that does not meet 
the following siting requirements: 
(A) at least 1 500 feet from any occupied residence 



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225 



PROPOSED RULES 



not owned by the owner of the animal 
operation; 

(B) at least 2500 feet from any school, hospital, 
church, outdoor recreation facility, national 
park; State Park, historic property, or child 
care center; and 

(C) at least 500 feet from any property boundary; 

r e quirements in Subparagraph (k)(l)( 1 ) - 

objectionable odors shall be determined at 
neighboring occupied property that is aff e c t ed and 
not owned by the owner of the animal operation, 
businesses, schools, hospitals, churches, outdoor 
recreation facilities, national parks. State Parks Pa r ks 
as defined in G.S. — 1 13-44.9. historic properties. 
p rop e rti e s acquired by the State pursuant to G.S. 
121-9 or listed in the North Carolina Reg i ster of 
Historic P lac e s pursuant to G.S. 121-4.1. or child 
care centers as defui c d i n G.S . — 1 10-86 that are 
licensed under A r ticle 7 of Chapter — 1 10 of the 
General Statutes, that are affected. 

(2) For a new animal operation or existing animal 
operation that meets the siting requirements in 
Subparagraph (1) of this Paragraph. Subpa r ag r aph 
(k)ijj( 1 ). objectionable odors shall be determined 
beyond the boundary of the animal operation. 
tr)(f) Complaints. The Director shall respond to complaints 
about objectionable odors from animal operations as follows: 

(1) Complaints shall be inyestigated to the extent 
practicable. 

(2) Complaints may be used to assist in determination of 
a best management plan failure or a control 
technology failure. 

(3) The Director shall respond to complaints within 60 
30 days. 

(4) Complaint response shall at least include a written 
response of the Directors evaluation of the 
complaint. 

ff)(g) Determination of the existence of an objectionable 
odor. In deciding if an animal operation is causing or 
contributing to an objectionable odor, the Director may 
consider one or more of the following: 

( 1 ) the nature, intensity, frequency, pervasiveness, and 
duration of the odors from the animal operation; 

(2) th e p otent i al of emissions from the animal operation 
of to emi t known odor causing compounds, such as 
ammonia, total volatile organics. or hydrogen sulfide 
sulfide, or other sulfur ciMnpounds. at levels that 
could cause or contribute to an objectionable odor; 

(3) any epidemiological studies associating health 
problems with odors from the animal operation or 
documented health problems associated with odors 
from the animal operation provided by the State 
Health Director; or 

(4) any other evidence, including complaints, complaints 



and records maintainc by neighbors, that show- 
shows that the anim. operation is causing or 
contributing to an objec lonable odor. 
(-g)(h) Requirement for a I est management plan for 
controlling odors from existing animal operations. If the 
Director finds that an existing an mal operation is causing or 
contributing to an objectionable oi:or, the owner or operator of 
the animal operation shall: 

( 1 ) submit to the Director a:; soon as practical, but not to 
exceed 90 days after r(:eipt of written notification 
from the Director th; i the animal operation is 
causing or contributing to an objectionable odor, a 
best management plan l;)r odor control as described 
in Rule . 1 803 of this Sci tion; and 

(2) be in compliance with tl .' terms of the plan within 30 
days after the Din ctor approves the best 
management plan (cor ipliance with an approved 
compliance schedule in he best management plan is 
deemed to he in compli. nee with the plan). 

th)(iJ Requirement tor amendni nt to best management plan. 
No later than 60 days from completion of a compliance 
schedule in an approved best mai agement plan plan, or if the 
best management plan contains i o compliance schedule, no 
later than 60 da\s from the imp .'mentation date of the best 
rnanagement plan, the Director • hall determine whether the 
plan has been properly implemented, adequately cont r ols 
o bject i onable odors from the anm al operation. If the Director 
determines that a plan submitted l under Paragraph (h) of this 
Rule does not control objection, hie odors from the animal 
operation, the Director shall requ re the owner or operator of 
the animal operation to amem the plan to incorporate 
additional or alternative measui s to control objectionable 
odors from the animal operation. ' he owner or operator shall: 

(1) submit a revised besi management plan to the 
Director as soon as pr; ctical but not later than 60 
days of after receipt of vritten notification from the 
Director that the plan is nadequate; and 

(2) be in compliance with the revised plan within 30 
days after the Director . pproves the revisions to the 
best management plan d ompliance with an approved 
compliance schedule in 'he best management plan is 
deemed to be in complu nee with the plan). 

tf)ti] Plan failure. Any of th ■ following conditions shall 
constitute failure of a best manage nent plan: 

(1) failing to submit the iiitial best management plan 
required under Paragraph tg) (h) of this Rule within 
90 days of receipt of \ ritten notification from the 
Director that the anin al operation is causing or 
contributing to an objec ionable odor; 

(2) failing to submit a re\'sed best management plan 
required under Paragrai h Hrl IjJ of this Rule within 
60 days of receipt of \ ritten notification from the 
Director that the anin il operation is causing or 
contributing to an objec ionable odor; 

(3) failing to correct all del ciencies in a submitted best 



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PROPOSED RULES 



management plan under Rule . 1803ftr)(c) of this 
Section within 30 days of receipt of written 
notification from the Director to correct these 
deficiencies; 

(4) failing to implement the best management plan after 
it has been approved: or 

(5) finding by the Director, using the criteria under 
Paragraph (f) ("] of this Rule, that, after the best 
management plan has been implemented and revised 
no more than one time; two — times: the best 
management plan does not adequately control 
objectionable odors from the animal operation and 
will not adequately control objectionable odors even 
with further amendments. 

tflik) Requirements for control technology. If a plan failure 
occurs, the Director shall require the owner or operator of the 
animal operation to install control technology to control odor 
from the animal operation. The owner or operator shall submit 
within 90 days from receipt of written notification from the 
Director of a plan failure, a permit application for control 
technology and an installation schedule. If the owner or 
operator demonstrates to the Director that a permit application 
cannot be submitted within 90 days, the Director may extend 
the time for submittal up to an additional 90 days. Control 
technology shall be determined according to Subparagraph ( 1 ) 
of this Paragraph. The installation schedule shall contain the 
increments of progress described in Subparagraph (2) of this 
Paragraph. The owner or operator may at any time request 
adjustments in the installation schedule and shall in his request 
explain why the schedule cannot be met. If the Director finds 
that the reason for not meeting the schedule is valid, the 
Director shall revise the installation schedule as requested; 
however, the Director shall not extend the final compliance 
date beyond 24 months from the date that the permit was first 
issued for the control technology. The owner or operator shall 
certify to the Director within five days after the deadline for 
each increment of progress described in Subparagraph (2) of 
this Paragraph whether the required increment of progress has 
been met. 

( 1 ) Control technology. The owner or operator of an 
animal operation shall identify control technologies 
that are technologically feasible for his animal 
operation and shall select the control technology or 
control technologies that the owne r o r operato r 
identifies as m o s t effective for his operation results 
in the greatest reduction ol odors considering human 
health, energy, environmental, and economic impacts 
and other costs. The owner or operator shall explain 
the reasons for selecting the control technology or 
control technologies. If the Director finds that the 
selected control technology or control technologies 
will effectively control odors following the 
procedures in 15A NCAC 2Q .0300 or .0500. he 
shall appio\'e the installation of the control 
technology or control technologies for this animal 
operation. The owner or operator of the animal 



operation shall comply with all terms and conditions 
in the permit 
(2) Installation schedule. The installation schedule for 
control technology shall contain the following 
increments of progress: 

(A) a date by which contracts for odor control 
technok)t;v systems a n d equ i pm en t shall be 
awarded or orders shall be issued for purchase 
of component parts; 

(B) a date by which on-site construction or 
installation of the odor control technology 
sys t ems and equipm e nt shall begin: 

(C) a date by which on-site construction or 
installation of the odor control technology 
systems and e quipment shall be completed: 
and 

(D) a date by which final compliance shall be 
achieved. 

Control technology shall be in place and operating as 

soon as practical but not to exceed 1 2 months from 

the date that the permit is issued for control 

technology. 

tk1(\} New or modified animal operations. This Paragraph 

does not apply to activities exempted from the moratorium on 

construction or expansion of swine farms m S.L 1997. c^ 458, 

s^ KJ_ provided that the ciwner or operator demonstrates to the 

Director that the acliviiv will not result in an obieclionable 

odor. 

( 1 ) Before beginning construction, the owner or operator 
of a new or modified animal operation raising or 
producing swine shall submit and have an approved 
best management plan and shall meet of the 
following: A house or lagoon that is a component of 
an animal operation shall be constructed: 

(A) at least 1500 feel from any occupied residence 
not owned by the owner of the animal 
operation; 

(B) at least 2500 feet from any school, hospital, 
church, outdoor recreation facility, facility: 
national park, park: State Park, as defined in 
GtS: — 1 13-44.9. historic property, pr oper t y 
a c qui r ed by the Sta te pu r suant to G . S. 121-9 
or l iste d in th e No i lh Ca r olina Register of 
H i sto ri c Places p u r sua n t to G.S. 121-4.1. or 
child care center; c e nte r , as defi n ed i n G.S. 
110-86. that i s lic e ns e d u n de r Article 7 o f 
Chapte r 1 10 of the G e ne r al Statutes : and 

(C) at least 500 feet from any property boundary; 

(2) Before beginning construction, the owner or operator 
of a new or modified animal operation other than 
swine shall submit and have an approved best 
management plan. 

(3) For new or modified animal operations raising or 
producing swine, operat i on, the outer perimeter of 



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227 



PROPOSED RULES 



the land area onto which waste is applied from a 
lagoon that is a component of an animal operation 
shall be: 

(A) at least 75 feet from any boundary of property 
on which an occupied residence not owned by 
the owner of the animal operation is located, 
and 

(B) at least 200 feet from any occupied residence 
not owned by the owner of the animal 
operation. 

(4) The Director shall either approve or disapprove the 
best management plan submitted under this 
Paragraph within 90 days after receipt of the plan. If 
the Director disapproves the plan, he shall identify 
the plan's deficiency. 

Autlwritx G.S. 143-215. 3{a}{l): 143-215. 107(a)(l 1 ): 143- 
215.108(0). 

.1803 BEST MANAGEMENT PLANS FOR 
ANIMAL OPERATIONS 

(a) Contents of a best management plan. The best 
management plan for animal operations shall; 

(1 ) identify the name, location, and owner of the animal 
operation; 

(2) identify the name, title, address, and telephone 
number of the person filing the plan; 

(3) identify the sources of odor within the animal 
operation; 

(4) describe how odor will be controlled from: 

(A) the animal houses; 

(B ) the animal wastewater lagoon, if used; 

(C) the animal wastewater application lands, if 
used; 

(D) waste conveyances and temporary 
accumulation points; and 

(E) other possible sources of odor within the 
animal operation; 

(5) contain a diagram showing all structures and lagoons 
at the animal operation, forced air directions, and 
approximate distances to structures or groups of 
structures within 3000 feet of the property line of the 
animal operation; a recent or updated aerial 
photograph may be submitted in place of a diagram 
provided the items required under this Subparagraph 
of this Rule are shown; 

(6) for existing animal operations, contain a schedule not 
to exceed +2 six months by which the plan will be 
implemented (a new animal operation is to have and 
be in compliance with its best management plan 
when it begins operation); for an amended best 
management plan, the implementation schedule shall 
not exceed six months; 30 days; 



(7) describe how the plan will be implemented, 
including training of personnel; 

(8) describe inspection and maintenance procedures; and 

(9) describe methods of monitoring and recordkeeping 
to verify compliance with the plan. 

(b) The Division shall review all best management plan 
submittals within 30 days of receipt of the submittal to 
determine if the submittal is complete or incomplete for 
processing purposes. To be complete, the submittal shall 
contain al] the elements listed in Paragraph (a) of this Rule. 
The Division shall notify the person submitting the plan by 
letter stating that: 

(1) the submittal is coinplete. 

(2) the submittal is incomplete and identifying the 
missing elements and a date by which the missing 
elements need to be submitted to the Division, or 

(3) the best management plan is incomplete and 
requesting that the person rewrite and resubmit the 
plan. 

tbljc) Approval of the best management plan. The Director 
shall approve the plan if he finds that; 

(1) the plan contains all the required elements in 
Paragraph (a) of this Rule; 

(2) the proposed schedule contained in the plan will 
reduce objectionable odors in a timely manner; 

(3) the methods used to control objectionable odors are 
likely to prevent objectionable odors beyond the 
property lines of the animal operation (the Director 
shall not consider impacts of objectionable odors on 
neighboring property if [he owner of tlie neighboring 
property agrees in writing that he does not object to 
objectionable odors on liis property and this written 
statement is included with the proposed best 
management plan; this agreement becomes void if 
the neighboring property changes ownership); 
operation; and 

(4) the described compliance verification methods are 
sufficient to verify compliance with the plan. 

Within 90 days after receipt of a plan, the The Director shall 
have 90 days to determine whether the proposed plan meets the 
requirements of this Paragraph of this Rule. If the Director 
finds that the proposed plan does not meet the requirements of 
this Paragraph, he shall notify the owner or operator of the 
animal operation in writing of the deficiencies in the proposed 
plan. The owner or operator shall have 30 days after receiving 
written notification from the Director to correct the 
deficiencies. If the Director finds that the proposed plan is 
acceptable, he shall notify the owner or operator in writing that 
the proposed plan has been approved. 

Aitthohn G.S. 143-215. 3{aHl): 143-215.65: 143-215.66: 143- 
215.I07(aHll). 

.1804 REPORTING REQUIREMENTS FOR 



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PROPOSED RULES 



ANIMAL OPERATIONS 

If the Department receives an odor complaint about an 
animal operation, the Department may require the owner or 
operatctr oi' the animal operaticin to submit the lollovsin>: 
inl'onnation: 



in 
Oi 

ill 

14] 



15] 
16] 



the name and location of the animal operation; 

the name, title, address, and telephone number of the 

person filing the report: 

the type and number of animals at tjie animal 

operation; 

potential sciurces of odors, such as animal housing 

structures, lagoons, collection and handling devices. 

and storage containers. v\'ith a physical description of 

these sources; 

waste water land application procedures; and 
measures taken to reduce odors. 
This information shall be submitted to the Division within 15 
days after receipt oi the request. 

AuthonuG.S. 143-215. 3(a)(1): 143-215.65: 143-215.66: 143- 
215-215. 107(a)(Jl). 

SUBCHAPTER 20 - AIR QUALITY PERMIT 
PROCEDURES 

SECTION .0100 - GENERAL 

.0102 ACTIVITIES EXEMPTED FROM PERMIT 
REQUIREMENTS 

(a) If a source is subject to any of the following rules, then 
the source is not exempted from permit requirements, and the 
exemptions in Paragraph (b) of this Rule do not apply: 

(h new source performance standards under ISA 
NCAC 2D .0524 or 40 CFR Part 60, except: 

(A) 40 CFR Part 60, Subpart Dc. industrial, 
commercial, and institutional steam 
generating units located at a facility not 
required to be permitted under Section .0500 
of this Subchapter; 

(B) 40 CFR Fart 60, Subpart Kb, volatile organic 
liquid storage vessels located at a facility not 
required to be permitted under Section .0500 
of this Subchapter; 

(C) 40 CFR Part 60, Subpart AAA, new 
residential wood heaters; or 

(D) 40 CFR Part 60, Subpart WWW, municipal 
solid waste landfills not required to be 
pemiitted under Section .0500 of this 
Subchapter; 

(2) national emission standards for hazardous air 
pollutants under I5A NCAC 2D .1110 or 40 CFR 
Part 61, except asbestos demolition and reno\'ation 



activities; 

(3) prevention of significant deterioration under 15A 
NCAC 2D .0530; 

(4) new source review under I5A NCAC 2D .0531 or 
.0532; 

(5) sources of volatile organic compounds subject to the 
requirements of 15A NCAC 2D .0900 that are 
located in Mecklenburg County in accordance with 
15A NCAC 2D .0902;^ 

(6) sources required to apply maximum achievable 
control technology (MACT) for hazardous air 
pollutants under 1 5A NCAC 2D . 1 109. .1111. .1112, 
or 40 CFR Part 63 that are required to have a permit 
under Section .0500 of this Subchapter; or 

(7) sources at facilities subject to 15A NCAC 2D .1 100. 
(If a source does not emit a toxic air pollutant for 
which the facility at which it is located has been 
modeled, it shall be exempted from needing a permit 
if it qualifies for one of the exemptions in Paragraph 
(b) of this Rule). 

(b) The following activities do not need a permit or permit 
modification under this Subchapter; however, the Director may 
require the owner or operator of these activities to register them 
under 1 5 A NCAC 2D .0200; 

(1) activities exempted because of category (These 
activities shall not be included on the permit 
application or in the permit.): 
(A) maintenance, upkeep, and replacement: 

(i) maintenance, structural changes, or 
repairs which do not change the 
capacity of such process, fuel-burning, 
refuse-burning, or control equipment, 
and do not involve any change in 
quality or nature or increase in quantity 
of emission of regulated air pollutants; 
(ii) housekeeping activities or building 
maintenance procedures, including 
painting buildings, resurfacing floors, 
roof repair, washing, portable vacuum 
cleaners, sweeping, use and associated 
storage of janitorial products, or 
insulation removal; 
(iii) use of office supplies, supplies to 
maintain copying equipment, or 
blueprint machines, 
(iv) use of fire fighting equipment; 
(V) paving parking lots: or 
(vi) replacement of existing equipment with 
equipment of the same si/.e, type, and 
function that does not result in an 
increase to the actual or potential 
emission of regulated air pollutants and 
that does not affect the compliance 
status, and with replacement equipment 



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229 



PROPOSED RULES 



that tits the description of the existing 
equipment in the permit, including the 
application, such that the replacement 
equipment can be operated under that 
permit without any changes in the 
permit; 

(B) air conditioning or ventilation: comfort air 
conditioning or comfort ventilating systems 
which do not transport, remove, or exhaust 
regulated air pollutants to the atmosphere; 

(C) laboratory activities: 

(i) bench-scale, on-site equipment used 
exclusively for chemical or physical 
analysis for quality control purposes, 
staff instruction, water or wastewater 
analyses, or non-production 
environmental compliance assessments; 

(ii) bench-scale experimentation, chemical 
or physical analyses, training or 
instruction from not-for-profit, non- 
production educational laboratories; 

(iii) bench-scale experimentation, chemical 
or physical analyses, training or 
instruction from hospitals or health 
laboratories pursuant to the 
determination or diagnoses of illness; 
or 

(iv) research and development laboratory 
activities that are not required to be 
permitted under Section .0500 of this 
Subchapter provided the activity 
produces no commercial product or 
feedstock material; 

(D) storage tanks: 

(i) storage tanks used solely to store fuel 
oils, kerosene, diesel, crude oil, used 
motor oil, lubricants, cooling oils, 
natural gas or liquefied petroleum gas; 

(ii) storage tanks used to store gasoline for 
which there are no applicable 
requirements except Stage I controls 
under 15A NCAC 2D .0928; 

(iii) storage tanks used solely to store 
inorganic liquids; or 

(iv) storage tanks or vessels used for the 
temporary containment of materials 
resulting from an emergency response 
to an unanticipated release of hazardous 
materials; 

(E) combustion and heat transfer equipment: 

(i) space heaters burning distillate oil. 
kerosene, natural gas, or liquefied 
petroleum gas operating by direct heat 
transfer and used solely for comfort 
heat; 



(ii) residential wood stoves, heaters, or 
fireplaces; 

(iii) hot water heaters which are used for 
domestic purposes only and are not 
used to heat process water; 

(F) wastewater treatment processes: industrial 
wastewater treatment processes or municipal 
wastewater treatment processes for which 
there are no applicable requirements; 

(G) gasoline distribution: 

(i) gasoline service stations or gasoline 
dispensing facilities that are not 
required to be permitted under Section 
.0500 of this Subchapter; or 
(ii) gasoline dispensing equipment at 
facilities required to be permitted under 
Section .0500 of this Subchapter if the 
equipment is used solely to refuel 
facility equipment; 
(H) dispensing equipment: equipment used solely 
to dispense diesel fuel, kerosene, lubricants or 
cooling oils; 
(I) solvent recycling: portable solvent distillation 
systems used for on-site solvent recycling if: 
(i) The portable solvent distillation system 
is not: 

(I) owned by the facility, and 
(II) operated at the facility for more 
than seven consecutive days; and 
(ii) The material recycled is: 

(I) recycled at the site of origin, 
(II) the original material is non- 
photochemically reactive in 
accordance with 15A NCAC 2D 
.0518, Miscellaneous Volatile 
Organic Compound Emissions, 
and 
(ni) all make up material is non- 
photochemically reactive in 
accordance with 15A NCAC 2D 
.0518; 
(J) processes: 

(i) small electric motor burn-out ovens 
with secondary combustion chambers 
or afterburners; 
(ii) small electric motor bake-on ovens; 
(iii) burn-off ovens for paint-line hangers 

with afterburners; 
(iv) hosiery knitting machines and 
associated lint screens, hosiery dryers 
and associated lint screens, and hosiery 
dyeing processes where bleach or 
solvent dyes are not used; 



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PROPOSED RULES 



(V) blade wood planers planing only green 
wood; 
(K) solid waste landfills: municipal solid waste 

landfills not required to be permitted under 

Section .0500 of this Subchapter (This Part 

does not apply to flares and other sources of 

combustion at solid waste landfills.); 
(L) miscellaneous: 

(1 ) motor vehicles, aircraft, marine vessels, 
locomotives, tractors or other 
self-propelled vehicles with internal 
combustion engines; 

(ii) non-self-propelled non-road engines, 
except generators, regulated by rules 
adopted under Title II of the federal 
Clean Air Act: 

(iii) equipment used for the preparation of 
food for direct on-site human 
consumption; 

(iv) a source whose emissions are regulated 
only under Section I I2(r) or Title VI of 
the federal Clean Air Act that is not 
required to be permitted under Section 
,0500 of this Subchapter; 

(v) exit gases from in-line process 
analyzers; 

(vi) stacks or vents to prevent escape of 
sewer gases from domestic waste 
through plumbing traps; 
(vii) refrigeration equipment that is 
consistent with Section 601 through 
618 of Title VI (Stratospheric Ozone 
Protection) of the federal Clean Air 
Act, 40 CFR Part 82. and any other 
regulations promulgated by EPA under 
Title VI for stratospheric ozone 
protection, except those units used as or 
in conjunction with air pollution control 
equipment; 
(viii) equipment not vented to the outdoor 
atmosphere with the exception of 
equipment that emits volatile organic 
compounds; 

(ix) equipment that does not emit any 
regulated air pollutants; 

(X) facilities subject only to a requirement 
under 40 CFR Part 63 that are not 
required to be permitted under Section 
.0500 of this Subchapter (This Subpart 
does not apply when a control device is 
used to meet a MACT or GACT 
emission standard.); 

(xi) sources for which there are no 
applicable requirements and that are at 



a facility not required to be permitted 

under Section .0500 of this Subchapter; 

(xii) sources for which there are no 

applicable requirements and that are at 

a facility required to be permitted under 

Section .0500 of this Subchapter 

following the procedures in Paragraph 

(c) of this Rule; or 

(xiii) animal operations not required to have 

control technology under 15A NCAC 

2D .1800 or not required to he 

permitted under Section .0500 iif this 

Subchapter. (If an animal operation is 

required to have control technoloev, U 

shall be required to have a permit under 

this Subchapter.) 

activities exempted because of size or production 

rate (These activities shall not be included in the 

permit. If the facility is subject to the permitting 

procedures under Section .0500 of this Subchapter, 

these activities shall be listed on the permit 

application; otherwise, these activities shall not be 

listed on the permit application): 

(A) storage tanks: 

(i) above-ground storage tanks with a 
storage capacity of no more than 1 100 
gallons storing organic liquids with a 
true vapor pressure of no more than 
10.8 pounds per square inch absolute at 
70 "F; or 

(ii) underground storage tanks with a 
storage capacity of no more than 2500 
gallons storing organic liquids with a 
true vapor pressure of no more than 
10.8 psi absolute at 70"F; 

(B) combustion and heat transfer equipment 
located at a facility not required to be 
permitted under Section .0500 of this 
Subchapter: 

(i) fuel combustion equipment, except for 

internal combustion engines, firing 

exclusively kerosene. No. 1 fuel oil. 

No. 2 fuel oil. equivalent unadulterated 

fuels, or a mixture of these fuels or one 

or more of these fuels mixed of with 

natural gas or liquefied petroleum gas 

with a heat input of less than: 

(I) 10 million BTU per hour for 

which construction, 

modification, or reconstruction 

commenced after June 9, 1989; 

or 

(II) 30 million BTU per hour for 

which construction, 

modification, or reconstruction 



N:3 



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231 



PROPOSED RULES 



commenced before June 10. 

1989; 
(ii) fuel combustion equipment, except for 
internal combustion engines, firing 
exclusively natural gas or liquefied 
petroleum gas or a mixture of these 
fuels with a heat input rating less than 
65 million BTU per hour; 
(iii) space heaters burning waste oil if: 

(I) The heater burns only oil that the 

owner or operator generates or 

used oil from do-it-yourself oil 

changers who generate used oil 

as household wastes; 
(II) The heater is designed to have a 

maximum capacity of not more 

than 500,000 Btu per hour; and 
(in) The combustion gases from the 

heater are vented to the ambient 

air; 
(iv) emergency use generators and other 
internal combustion engines not 
regulated by rules adopted under Title 
n of the federal Clean Air Act. except 
self-propelled vehicles, that have a 
rated capacity of no more than: 
(I) 310 kilowatts (electric) or 460 

horsepower for natural gas-tired 

engines. 
(H) 830 kilowatts (electric) or 1150 

horsepower for liquefied 

petroleum gas-fired engines. 

(III) 270 kilowatts (electric) or 410 
horsepower for diesel-fired or 
kerosene-fired engines, or 

(IV) 21 kilowatts (electric) or 31 
horsepower for gasoline-fired 
engines; 

(v) portable generators and other portable 
equipment with internal combustion 
engines not regulated by rules adopted 
under Title II of the federal Clean Air 
Act, except self-propelled vehicles, that 
operate at the facility no more than a 
combined 350 hours for any 365-day 
period provided the generators or 
engines have a rated capacity of no 
more than 750 kilowatt (electric) or 
1100 horsepower each and provided 
records are maintained to verify the 
hours of operation; 

(vi) peak shaving generators that produce 
no more than 325,000 kilowatt-hours of 
electrical energy for any 12-month 
period provided records are maintained 



(C) 



lie energy production on a 
sis and on a 12-month basis; 
lion: bulk gasoline plants 
laily throughput of less than 
it is not required to be 
Section .0500 of this 



(D) 



to verify i 
monthly b; 
gasoline distribi; 
with an average i 
4000 gallons X\ 
permitted undei 
Subchapter; 
processes: \ 

(i) printing, piint spray booths or other 
painting oi coating operations without 
air pollutDn control devices (water 
wash and 1 liters that are an integral part 
of the p;iint spray booth are not 
considered air pollution control 
devices) 1 cated at a facility whose 
facility-wiile actual emissions of: 
(I) Vol itile organic compounds are 

less han five tons per year, and 
(II) Pho ochemically reactive solvent 
emi .sions under 15A NCAC 2D 
.0518 are less than 30 pounds 
per lay; 
provided ! e facility is not required to 
be permit! .;d under Section .0500 of 
this Subchipter; 

that saw no more than 

loard feet per year provided 

wood is sawed; 

hylene dry cleaners that 

than 13,000 pounds of 

hylene per year; 

; dry powder coating 

with filters or powder 

stems including electrostatic 

Jer coating operations 

curing ovens with a heat 

s than 10,000,000 BTU per 



(11) 



(iii) 



(iv) 



sawmills 
2,000,000 
only green 
perchloroc 
emits less 
perchloroc 
electrosta;) 
operations 
recovery s; 
dry pow 
equipped 
input of le 
hour; 
(E) miscellaneous: 

(i) any source 
violate a 
standard ai 
of particui 
oxides. \i 
and carb' 
pollution c 
uncontrolii 
more tha; 
potential ^ 
pollutants 
quantity ci 
(I) stor 
(II) fuel 
exc 
equ 



whose emissions would not 
ly applicable emissions 
d whose potential emissions 
ite. sulfur dioxide, nitrogen 
latile organic compounds, 
in monoxide before air 
mtrol devices, i.e.. potential 
d emissions, are each no 
)ve tons per year and whose 
missions of hazardous air 

are below their lessor 
ioff except: 
ge tanks. 

combustion equipment, 
uding fuel combustion 
iment at facilities required 



232 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



PROPOSED RULES 



to have a permit under Section 
.0500 of this Subchapter, firing 
exclusively kerosene. No. 1 fuel 
oil, No. 2 fuel oil. equivalent 
unadulterated fuels, natural gas, 
liquefied petroleum gas, or a 
mixture of these fuels, 

(III) space heaters burning waste oil, 

(IV) generators, excluding emergency 
generators, or other non-self- 
propelled internal combustion 
engines. 

(V) bulk gasoline plants, 
(VI) printing, paint spray booths, or 

other painting or coating 

operations, 
(VII) sawmills. 
(VIII) perchloroethylene dry cleaners, 

or 
(IX) electrostatic dry powder coating 

operations, 
provided that the total potential 
emissions of particulate, sulfur dioxide, 
nitrogen oxides, volatile i)rganic 
compounds, and carbon monoxide from 
the facility are each less than 40 tons 
per year and the total potential 
emissions of all hazardous air 
pollutants are below their lesser 
quantity cutoff emission rates or 
provided that the facility has an air 
quality permit; 
(ii) any facility whose actual emissions of 
particulate, sulfur dioxide, nitrogen 
oxides, volatile organic compounds, or 
carbon monoxide before air pollution 
control devices, i.e.. uncontrolled 
emissions, are each less than five tons 
per year, whose potential emissions of 
all hazardous air pollutants are below 
their lesser quantity cutoff emission 
rates, and which is not required to have 
a permit under Section .0500 of this 
Subchapter; 
(iii) any source that only emits hazardous 
air pollutants that are not also a 
particulate or a volatile organic 
compound and whose potential 
emissions of hazardous air pollutants 
are below their lesser quantity cutoff 
emission rates; or 
(iv) any incinerator covered under 
Subparagraph (c)(4) of 15A NCAC 2D 
.1201. 



(F) case-by-case exemption: 

(i) for activities located at facilities not 
required to have a permit under Section 
.0500 of this Subchapter, activities that 
the applicant demonstrates to the 
satisfaction of the Director: 
(I) to be negligible in their air 

quality impacts, 
(II) not to have any air pollution 

control device, and 
(III) not to \iolate any applicable 
emission control standard when 
operating at maximum design 
capacity or maximum operating 
rate, whichever is greater; or 
(ii) for activities located at facilities 
required to have a permit under Section 
.0500 of this Subchapter: activities that 
the applicant demonstrates to the 
satisfaction of the Director: 
(I) to be negligible in their air 

quality impacts, 
(II) not to have any air pollution 
control device, 

(III) not to violate any applicable 
emission control standard when 
operating at maximum design 
capacity or maximum operating 
rate, whichever is greater. 

(IV) the potential emissions of each 
criteria pollutant is less than five 
tons per year, and 

(V) the potential emissions of each 

hazardous air pollutant is less 

than 1000 pounds per year. 

(c) The Director shall exempt a source for which there are 

no applicable requirements at a facility required to have a 

permit under Section .0500 of this Subchapter from needing a 

pennit if: 

( 1 ) The Director finds that emissions from the source are 
not likely to cause or contribute to any violation of 
an ambient air quality standard under Section 15A 
NCAC 2D .0400. or 40 CFR Part 50; and 

(2) The proposed permit exemption is noticed along 
with the initial draft permit or the next draft permit 
revision requiring public notice or draft permit 
renewal, whichever occurs first, and is subject to 
public comment procedures in Section .0500 of this 
Subchapter. 

If during the comment period EPA or any other person 
provides a satisfactory explanation to the Director of why the 
source should be permitted, the Director shall include the 
source in the facility's permit; otherwise, the Director shall not 
include the source in the facility's permit. 



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August 2, 7999 



233 



PROPOSED RULES 



(d) Because an activity is exempted from being required to 
have a permit does not mean that the activity is exempted from 
any applicable requirement or that the owner or operator of the 
source is exempted from demonstrating compliance with any 
applicable requirement. 

(e) Emissions from stationary source activities identified in 
Paragraph (b) of this Rule shall be included in determining 
compliance with the toxic air pollutant requirements under 15A 
NCAC 2D .1 100 or 2Q .0700 according to 15A NCAC 2Q 
.0702 (exemptions from air toxic permitting). 

(f) The owner or operator of a facility or source claiming an 
exemption under Paragraph (b) of this Rule shall provide the 
Director documentation upon request that the facility or source 
is qualified for that exemption. 



Authority G.S. 
143-215.108. 



143-215. SicOil}: 143-21 5. 107(a)(4): 



Notice (.s hereby given in accordance with G.S. 150B-21.2 
that the North Carolina Commission for Health Services 
intends to amend the rules cited as 15A NCAC 18A .1952- 
. 1 955. Notice of Rule-making Proceedings was published in 
the Register on December 15. 1998. 

Proposed Effective Date: August I. 2000 

A Public Hearing will be conducted at 1:00 p.m. on August 
18. 1999 at the Parker-Lincoln Building. Training Room (RM 
IA224I. 2728 Capital Boulevard. Raleigh. NC 27604. 

Reason for Proposed Action: The 1998 "short" session of the 
North Carolina General Assembly ratified and the Governor 
signed into law HB 1462 which requires the Commission for 
Health Senices to adopt rules governing effluent fdters and 
access devices for septic tank systems. Temporaiy rules 
became effective January 1. 1999. (Ref Section 3. S.L 1998- 
126). These amendments will make the current temporaiy 
rules permanent. 

Comment Procedures: Written comments should be 
submitted to Steve Steinbeck. On-Site Wastewater Section, 
1642 Mad Senice Center. Raleigh. NC 27699-1642. or 
emailed to steve_steinbeck@mail.enr. state. nc. us. Comments 
will be accepted through September 1. 1999. 

Fiscal Note: These Rules do not affect the expenditures or 
revenues if state or local government funds and do not have a 
substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 



SUBCHAPTER 18A - SANITATION 

SECTION .1900 - SEWAGE TREATMENT AND 
DISPOSAL SYSTEMS 

.1952 SEPTIC TANK. EFFLUENT FILTER, 

DOSING TANK AND LIFT STATION DESIGN 

(a) A septic lank or dosmg tank shall be watertight, 
structurally sound, and not subject to excessive corrosion or 
decay. Septic tanks shall be of two-compartment design. The 
inlet compartment of a two-compartment tank shall hold 
between two-thirds and three-fourths of the total lank capacity. 
Septic tanks shall ha\e an appro\ed effluent filter and access 
devices. The effluent filter shall function without a bypass of 
unfiltered wastewater, sludge or scum. The effluent filter case 
shall be designed to function as a sanitary tee with the inlet 
extending down to between 25 and 40 percent of the liquid 
depth. The requirement) s) for an effluent filter and access 
devices shall appK to septic tanks for which a Construction 
Authorization is issued on or after January J^ 1999. A properly 
designed dosing siphon or pump shall be used for discharging 
sewage effluent into nitrification lines when the total length of 
such lines exceeds 750 linear feet in a single system and as 
required for any pressure-dosed system. When the design daily 
flow from a single system exceeds 3,000 gallons per day or 
when the total length of nitrification lines exceeds 2,000 linear 
feet in a single system, alternating siphons or pumps shall be 
used which shall discharge to separate nitrification fields. The 
dose volume from pump or siphon systems shall be of such 
design so as to fill the nitrification lines from 66 percent to 75 
percent of their capacity at each discharge except as required 
for low-pressure distribution systems. The discharge rate from 
dosing systems shall be designed to maximize the distribution 
of the effluent throughout the nitrification field. Septic tanks 
installed where the top will be deeper than six inches below 
the finished grade shall have an access manhole over each 
compartment with cover, extending to within six inches of the 
finished grade, having a minimum opening adequate to 
accommodate the installation or removal of the septic tank lid, 
septage removal, and maintenance of the effluent filter. When 
the top of the septic tank or access manhole is belov.' the 
finished grade, the location of each manhole shall be \isibl\ 
marked at finished grade. Any system serving a design unit 
with a design sewage flow greater than 3.000 gallons per day 
shall have access manholes over each compartment a n d over 
the outletsanitary t ee. Tlie access manholes shall that extend at 
least to finished grade and be designed and maintained to 
prevent surface water inflow. The manholes shall be sized to 
allow proper inspection and maintenance. All dosing tanks 
shall have a properly functioning high-water alarm. The alarm, 
shall be audible and visible by system users and weatherproof 
if installed outdoors. The alarm circuit shall be provided with a 
manual disconnect in a watertight, corrosion-resistant outside 
enclosure (NEMA 4X or equivalent) adjacent to the dosing 
tank. 



234 



NORTH CAROLINA REGISTER 



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PROPOSED RULES 



(b) Minimum liquid capacities for septic tani>LS shall be in 
accordance with the following: 

(1) Residential Septic Tanks (for each individual 
residence or dwelling unit): 



Number of 


Minimum Liquid 


Equivalent Capacity 


Bedrooms 


Capacity 


Per Bedroom 


3 or less 


900 gallons 


300 gallons 


4 


1.000 gallons 


250 gallons 


5 


1,250 gallons 


250 gallons 



(2) Septic tanks for large residences, multiple dwelling 
units, or places of business or public assembly shall 
be in accordance with the following: 

(A) The minimum liquid capacity of septic tanks 
for places of business or places of public 
assembly with a design sewage flow of 600 
gallons per day or less shall be determined in 
accordance with the following: V = 2Q; where 

V is the liquid capacity of the septic tank and 
Q is the design daily sewage flow. 

(B) Individual residences with more than five 
bedrooms, multiple-family residences, 
individual septic lank systems serving two or 
more residences, or any place of business or 
public assembly where the design sewage 
flow is greater than 600 gallons per day, but 
less than 1.500 gallons per day. the liquid 
capacity of the septic tank shall be designed in 
accordance with the following: V = 1.I7Q + 
500; where V is the liquid capacity of the 
septic tank and Q is the design daily sewage 
flow. The minimum liquid capacity of a 
septic tank serving two or more residences 
shall be 1,500 gallons. 

(C) Where the design sewage flow is between 
1,500 gallons per day and 4,500 gallons per 
day, the liquid capacity of the septic tank shall 
be designed in accordance with the following: 

V = 0.75Q + 1,125; where V is the liquid 
capacity of the septic tank and Q is the design 
daily sewage flow. 

(D) Where the design sewage flow exceeds 4.500 
gallons per day, the septic tank shall be 
designed in accordance with the following: V 
= Q; where V is the liquid capacity of the 
septic tank and Q is the design daily sewage 
flow. 

(E) The minimum liquid capacity requirements of 
Subparagraph (b)(2) of this Rule shall be met 
by use of a single two-compartment septic 
tank or by two tanks installed in series, 
provided the first tank is constructed without a 
baffle wall and contains at least two-thirds of 



the total required liquid capacity. 
(3) The minimum capacity of any septic tank shall be 
750 gallons, 
(c) The following are minimum standards of design and 
construction of pump tanks and pump dosing systems: 

( 1 ) The liquid capacity of a pump tank shall be 
considered as the entire internal volume with no 
additional requirement for freeboard. Pump tanks 
shall have a minimum liquid capacity in accordance 
with the following: 

(A) Pump tanks for systems with nitrification 
fields installed in Soil Group I. II, or III soils, 
as defined in these Rules, shall have a 
minimum liquid capacity equal to two-thirds 
of the required septic tank liquid capacity. 

(B) Pump tanks for systems installed in Group IV 
soils shall have a minimum liquid capacity 
equal to the required septic tank liquid 
capacity. 

(C) The minimum liquid capacity of any pump 
tank shall be 750 gallons. 

(D) An alternate method to determine minimum 
liquid capacity of a pump lank shall be to 
provide for the minimum pump submergence 
requirement (Subparagraph (c)(5) of this 
Rule), the minimum dose volume requirement 
(Paragraph (a) of this Rule), and the minimum 
emergency storage capacity requirement. The 
emergency storage capacity requirement is 
determined based on the type of facility 
served, the classification of surface waters 
which would be impacted by a pump tank 
failure, and the availability of standby power 
devices and emergency maintenance 
personnel. The emergency storage capacity 
shall be the freeboard space in the pump lank 
above the high-water alarm activation level 
plus the available freeboard space in previous 
tankage and in the collection system below the 
lowest ground elevation between the pump 
tank and the lowest connected building drain 
invert. The minimum emergency storage 
capacity for residential systems and other 



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August 2, 1999 



235 



PROPOSED RULES 



systems in full-time use on sites draining into 
WS-1, WS-II, WS-III, SA, SB, and B waters 
shall be 24 hours, without standby power, or 
12 hours with standby power manually 
activated, or four hours with standby power 
automatically activated or with a high-water 
alarm automatically contacting a 24-hour 
maintenance service. The minimum 

emergency storage capacity for systems not in 
full-time use and for all systems at sites 
draining into all other surface waters shall be 
12 hours without standby power, or eight 
hours with standby power manually activated, 
or four hours with standby power 
automatically activated or with a high-water 
alarm automatically contacting a 24-hour 
maintenance service. 
(E) Notwithstanding Paragraphs (c)(1) (A)-(D), 
other criteria for pump tank capacity may be 
approved by the local health department and 
the State for raw sewage lift stations, pressure 
sewer systems, and systems with design flows 
exceeding 3,000 gallons per day. 

(2) The effluent pump shall be capable of handling at 
least one-half inch solids and designed to meet the 
discharge rate and total dynamic head requirements 
of the effluent distribution system. The pump shall 
be listed by Underwriters Laboratory or an 
equivalent third party electrical testing and listing 
agency, unless the proposed pump model is specified 
by a registered professional engineer. 

(3) Pump discharge piping shall be of Schedule 40 PVC 
or stronger material and adequately secured. Fittings 
and valves shall be of compatible corrosion-resistant 
material. A threaded union, flange, or similar 
disconnect device shall be provided in each pump 
discharge line. All submersible pumps shall be 
provided with a corrosion-resistant rope or chain 
attached to each pump enabling pump removal from 
the ground surface without requiring dewatering or 
entrance into the tank. Valves shall also be readily 
accessible from the ground surface. 

(4) Antisiphon holes (three-sixteenth inch) shall be 
provided when the discharge or invert elevation of 
the distribution system is below the high-water alarm 
elevation in the pump tank, or in accordance with 
pump manufacturer's specifications. Check valves 
shall be provided when the volume of the supply line 
is greater than 25 percent of the dosing volume, or in 
accordance with pump manufacturer's specifications. 
When provided, the antisiphon hole shall be located 
between the pump and the check valve. 

(5) Sealed mercury control floats or similar devices 
designed for detecting liquid le\els in septic tank 
effluent shall be provided to control pump cycles. A 
separate ie\'cl sensing device shall be provided to 



activate the high-water alarm. Pump-off level shall 
be set to keep the pump submerged at all times or in 
accordance with the manufacturer's specifications. A 
minimum of 12 inches of effluent shall be 
maintained in the bottom of the pump tank. The 
high-water alarm float shall be set to activate within 
six inches of the pump-on level. The lag pump float 
switch, where provided, shall be located at or above 
the high-water alarm activation level. 

(6) Pump and control circuits shall be provided with 
manual circuit disconnects within a watertight, 
corrosion-resistant, outside enclosure (NEMA 4X or 
equivalent) adjacent to the pump tank, securely 
mounted at least 12 inches above the finished grade. 
The pump(s) shall be manually operable without 
requiring the use of special tools or entrance into the 
tank for testing purposes. Conductors shall be 
conveyed to the disconnect enclosure through 
waterproof, gasproof, and corrosion-resistant 
conduits, with no splices or junction boxes provided 
inside the tank. Wire grips, duct seal, or other 
suitable material shall be used to seal around wire 
and wire conduit openings inside the pump tank and 
disconnect enclosure. 

(71 For systems requiring duplex and multiplex pumps, a 
control panel shall be provided which shall include 
short-circuit protection for each pump and for the 
control system, independent disconnects, automatic 
pump sequencer, hand-off-automatic (H-O-A) 
switches, run lights, and elapsed time counters for 
each pump. Alarm circuits shall he supplied ahead 
of any pump overload or short circuit protective 
devices. The control panel must be in a watertight, 
corrosion-resistant enclosure (NEMA 4X or 
equivalent) unless installed within a weathertight 
building. The panel shall be protected from intense 
solar heating. 

(8) Dual and multiple fields shall be independently 
dosed by separate pumps which shall automatically 
alternate. The supply lines shall be "H" connected to 
permit manual alternation between fields dosed by 
each pump. "H" connection valving shall be readily 
accessible from the ground surface, either from the 
pump tank access manhole or in a separate valve 
chamber outside the pump tank. Other equivalent 
methods of dosing dual or multiple fields may be 
approved by the State. 

(9) The pump tank shall have a properly functioning 
high-water alarm. The alarm circuit shall be 
supplied ahead of any pump overload and short 
circuit protective devices. The alarm shall be audible 
and visible by system users and weatherproof if 
installed outdoors in an enclosure (NEMA 4X or 
equivalent). 

(d) Siphons and siphon dosing tanks may be used when at 
least two feet of elevation drop can be maintained between the 



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PROPOSED RULES 



siphon outlet invert and the inlet invert in the nitrification field 
distribution system. 

( 1 ) Siphon dosing tanks shall be designed in accordance 
with the minimum dose requirements in this Rule 
and shall meet the construction requirements of this 
Section. The siphon dose tank shall provide at least 
1 2 inches of freeboard, and the inlet pipe shall be at 
least three inches above the siphon trip level. The 
high-water alarm shall be set to activate within two 
inches of the siphon trip level. 

(2) Siphon dosing tanks shall have a watertight access 
opening over each siphon with a minimum diameter 
of 24 inches and extending to finished grade and 
designed to prevent surface water inflow. 

(3) The slope and size of the siphon discharge line shall 
be sufficient to handle the peak siphon discharge by 
gravity flow without the discharge line flowing full. 
Vents for the discharge lines shall be located outside 
of the dosing tank or otherwise designed to not serve 
as an overflow for the tank. 

(4) All siphon parts shall be installed in accordance with 
the manufacturer's specifications. All materials must 
be corrosion-resistant, of cast iron, high density 
plastic, fiberglass, stainless steel, or equal. 

(5) Siphon dosing tanks shall have a properly 
functioning high-water alarm that is audible and 
visible by system users and weatherproof if installed 
outdoors in an enclosure (NEMA 4X or equivalent). 

(e) Raw sewage lift stations shall meet the construction 
standards of this Section and all horizontal setback 
requirements for sewage treatment and disposal systeins in 
accordance with Rule .1950(a) of this Section unless the station 
is a sealed, watertight chamber, in which case the setback 
requirements for collection sewers in Rule .I95()(e) of this 
Section shall apply. Sealed, watertight chambers shall be of a 
single, prefabricated unit, such as fiberglass, with sealed top 
cover, and preformed inlet and outlet pipe openings connected 
with solvent welds, O-ring seals, rubber boots, stainless steel 
straps, or equivalent. Dual pumps shall be provided for 
stations serving two or more buildings or for a facility with 
more than six water closets. Pumps shall be listed by 
Underwriter's Laboratories or an equivalent third party 
electrical testing and listing agency, and shall be grinder pumps 
or solids-handling pumps capable of handling at least 
three-inch spheres unless the station serves no more than a 
single water closet, lavatory, and shower, in which case 
two-inch solids handling pumps shall be acceptable. Minimum 
pump capacity shall be 2.5 times the average daily flow rate. 
The dosing volume shall be set so that the pump-off lime docs 
not exceed 30 minutes, except for stations serving single 
buildings, and pump run-time shall be from three to ten 
minutes at average flow. Pump station emergency storage 
capacity and total liquid capacity shall be determined in 
accordance with Paragraph (c)( 1 )(D) of this Rule except for a 
sealed, watertight chamber serving an individual building, in 



which case a minimum storage capacity of eight hours shall be 
required. All other applicable requirements for pump tanks and 
pump dosing systems in accordance with Paragraph (c) of this 
Rule shall also apply to raw sewage lift stations. 

Authority G.S. LM>A-335(e). (fl and (fl )l2nd]. 

.1953 PREFABRICATED SEPTIC TANKS AND 
PUMP TANKS 

When prefabricated concrete tanks or tanks of other material 
are used, they shall be constructed in accordance with the plans 
which have been approved by the State and shall comply with 
all requirements of this Section. At least three complete sets of 
plans and specifications for the initial design of the 
prefabricated septic tank or subsequent chani^es and 
modifications shall be submitted to the Department of 
Environment, H e alth, and Natural Resources, D i v i s i o n of 
Environm en tal Health, On-Site Wastewater Section. PO Box 
2Jtm 29594, Raleigh, North Carolina 27611-7687 27626- 
0594. Separate plans and specifications for the design of each 
septic tank or pump tank to be produced shall be submitted to 
the Division of Envi r on m ental Health, On-Site Wastewater 
Section for approval. These plans and specifications shall 
show the design of the septic tank in detail, including: 

( 1 ) All pertinent dimensions; 

(2) Reinforcement material and location: 

(3) Material strength; 

(4) Liquid depth: 

(5) Pipe penetration, joint Joint material and method of 
sealing; 

(6) Access manhole and riser, d e ta i l, lid, and other 
proposed appurtenances to the septic tank; 

(7) ApproN'cd effluent filter(s), filter support detail and 
filter access detail; and 

t^(8) Other design features. 

Authority G.S. 130A-335(e). if) and {fJ)l2nd]. 

.1954 MINIMUM STANDARDS FOR PRECAST 
REINFORCED CONCRETE TANKS 

(a) The following are minimum standards of design and 
construction of precast reinforced concrete septic tanks: 

( 1 ) The minimum requirement for the liquid depth is 36 
inches. 

(2) A minimum of nine inches freeboard is required, the 
freeboard being the air space between the top of the 
liquid and the bottom side of the lid or cap of the 
tank. 

(3) The length of the septic tank shall be at least twice as 
long as the width. 

(4) There shall be three inlet openings in the tank, one 
on the tank end and one on each sidewall of the inlet 



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237 



PROPOSED RULES 



(5) 
(6) 



m 



m 



i9lt9l 



end of the tank. The blockouts for these openings 
shall leave a concrete thickness of not less than one 
inch in the tank wall. The blockouts shall be made 
for a minimum of four-inch pipe or a maximum of 
six-inch pipe. No blockouts or ope nin gs The outlet 
pipe penetration of the tank shall be through a 
resilient, watertight, sealed, non-corrosive and 
flexible connective sleeve. The outlet pipe 
penetration shall be precast to be compatible w ith the 
connective sleeve. No pipe penetration points or 
openings shall be permitted below the tank liquid 
level. 

The inlet pipe in the tank shall be a straight pipe. 
The outlet shall be through an approved effluent 
filter secured in place in an effluent filter support 
case. The effluent filter support case shall serve as a 
functioning sanitary tee with the bottom inlet 
extending down between 25 and 40 percent of the 
liquid depth. A cast-in-place co n c r ete sanitary tee, a 
p olyv in y l — chloride — (PVC) — sa ni ta r y — tee; — or — a 
poly e thylene (PE) sanita r y tee, made of n ot less tha n 
class 160 p i pe o r equ i val en t fittings and p i pe. Class 
100 pipe shall have a wall thickness of not less than 
t wo i n ches Tl i e tee shall ext en d dow n o n e-fouilh of 
the l i quid depth. The tee appnned effluent filter and 
support case shall be furnished by the septic tank 
manufacturer. The invert of the outlet shall be at 
least two inches lower in elevation than the invert of 
the inlet. 

Other equivalent methods ot" supporting the effluent 
filter and for making the pipe penetrations shall be 
approved by the On-Sitc Wastewater Section. 
In order to obtain approval of an effluent filter, the 
filter manufacturer shall submit to the State the 
following information with supporting 
documentation: 



(a) For each septic tank system that is designed to 
treat 3,000 gallons per day or less of sewage, 
a written certification thai the effluent filter is 
designed, constructed, and performs in 
compliance with G.S. l30A-3.^5.1(a)( 1 )(2)(3), 
and (4); 

(b) Sizing as to capacity and wastewater strength 
for aM models oi' proposed filters to be 
approved; and 

(c) Specifications for application, installation, 
operation, and maintenance. 

All tanks shall be manufactured with a cast-in-place 
partition so that the tank contains two compartments. 
The partition shall be located at a point not less than 
two-thirds nor more than three-fourths the length of 
the tank from the inlet end. The top of the partition 
shall tenninate two inches below the bottom side of 
the tank top in order to leave space for air or gas 
passage between compartments. The top and bottom 



halves of the partition si all be cast in such manner as 
to leave a water passage slot four inches high for the 
full width of the tank. The partition (both halves) 
shall be reinforced by the placing of six-inch by 
six-inch No. 10 gage w.'Ided reinforcing wire. The 
reinforcing wire shall bi bent to form an angle of 90 
degrees on the ends in ':)rder to form a leg not less 
than four inches long. When the wire is placed in 
the mold the four-inch ;gs should lay parallel with 
the sidewall wire and ai Jacent to it. It is recognized 
that there are other lethods of constructing a 
partition or two-comp:i"tment tank. Any method 
other than the one descr led will be considered on an 
individual basis for a[ proval by the D i vis i on of 
Envi r o n m e ntal Health. ' )n-Site Wastewater Section. 
However, the tank wai thickness must remain not 
less than two and one- alf inches thick throughout 
the tank except for btocl otrts: the pipe penetrations. 

(lO) fSl Adequate access openii gs must be provided in the 
tank top. Access shall be provided for cleaning or 
rodding out of the inlet ipe, for cleaning or clearing 
the air or gas passage j lace above the partition, an 
en t r anc e fo r inserting the suction hose fo r ta n k 
pump in g, and fo r e n t r. i ce of a person if internal 
r epairs a r e nee d e d afie : pumping, for pumping of 
each c(>mpartmcnt. and for the maintenance of the 
effluent filter. This shall be accomplished by 
properly locating two i lanholes or access openings 
with each having a n jnimum opening of -hH J_5 
inches by +8 J_5 inches or i? inches in diameter as 
the opening cuts the phne of the bottom side of the 
top of the tank or otf ;r equidimensional opening 
with at least 225 square nches. TTie manhole covers 
shall be beveled on all sides in such manner as to 
accommodate a unifor n load of 150 pounds per 
square foot without dairage to the cover or the top of 
the tank. If the top o! the tank is to be multislab 
construction, the slabs over the inlet of the tank, 
partition, and outlet of the tank must not weigh in 
excess of 1 50 pounds c ich. Multislab construction 
allows for the eliminatic i of the manholes. Manhole 
covers, tank lids, acce s opening covers, or slabs 
shall have a handle ol steel or other rot-resistant 
material equivalent in nI ength to a No. 3 reinforcing 
rod (rebar). 

( 1 1 ) t9l The concrete tank and U nk lid shall be reinforced by 
using a minimum reinfc rcing of six-inch by six-inch 
No. 10 gage welded stet 1 reinforcing wire in the top. 
bottom ends, and sides )f the tank. The reinforcing 
wire shall be lapped ai least six inches. Concrete 
cover shall be requi:ed for all reinforcement. 
Reinforcement shall b ■ placed to maximize the 
structural integrity of th .■ tank. The tank; tank, tank 
lid, riser and riser co\ ei shall be able to withstand a 
uniform li\e loading ot 150 pounds per square fiwt 
in addition to all loads l ' which an underground ttrrrk 



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PROPOSED RULES 



tanks, riser, or riser cover is normally subjected, such 
as the dead weight of the concrete and soil cover, 
active soil pressure on tank walls, and the uplifting 
force of the ground water. Additional reinforcement 
shall be required when the loads on a concrete tank 
tank, riser, or riser cover are exceeded by subjecting 
it to vehicular traffic or when the top of the tank is 
placed deeper than three feet below the finished 
grade. 

[12) <~K» The top. bottom, ends, and sides of the lank must 
have a minimum thickness of two and one-half 
inches. 

[ 1 3 ) <-Hi A minimum 28-day concrete compressive strength of 
3.500 pounds per square inch shall be used in the 
construction of the septic tank. tank, concrete access 
riser and riser cover. The concrete shall achieve a 
minimum compressive strength of 3,000 pounds per 
square inch prior to removal of the tank from the 
place of manufacture. It shall be the responsibility of 
the manufacturer to certify that this condition has 
been met prior to shipment. A septic tank shall be 
subject to testing to ascertain the strength of the 
concrete prior to its being approved for installation. 
Recognized devices for testing the strength of 
concrete include a properly calibrated Schmidt 
Rebound Hammer or Windsor Probe Test. 
Accelerated curing in the mold by use of propane gas 
or other fuels is prohibited, except in accordance 
with accepted methods and upon prior approval of 
the State. 

[14) t-i^ After curing, tanks manufactured in two sections and 
as required, concrete risers shall be joined and sealed 
at the joint by using a mastic, butyl rubber, or other 
pliable sealant that is waterproof, corrosion-resistant, 
and approved for use in septic tanks. The sealant 
shall have a minimum size of one inch nominal 
diameter or equivalent. Before sealing, the joint 
shall be smooth, intact, and free of all deleterious 
substances. Tank halves shall be properly aligned to 
ensure a light seal. The sealant shall be provided by 
the manufacturer. 

[ 1 5 ) f+3l All tanks produced shall bear an imprint identifying 
the manufacturer, the serial number assigned to the 
manufacturer's plans and specifications approved by 
the Slate, and the liquid or working capacity of the 
tanks. This imprint shall be located to the right of 
the blockout made for the outlet pipe on the outlet 
end of the lank. All tanks shall also be permanently 
marked with the date of manufacture adjacent to the 
lank imprint or on the top of the lank directly above 
the imprint. 
( 16) Risers and access covers shall ha\e a clear opening 
sized to allow for maintenance and iemo\al ol 
internal devices of the septic tank and shall not allow 
accidental entrv. The access cover and tank lid shall 
be designed. ct)nstrucled. and maintained Jo prevent 



unauthorized access. 



Risers shall be sealed 



watertight where thev jciin the lop of the septic tank, 
and constructed to prevent water inllow through the 
lid or cover. 

(b) Puinp tanks shall meet the construction requircinents of 
Paragraph (a) of this Rule with the following modifications. 

( 1 ) Tanks shall be cast with a single compartment, or. if 
a partition is provided, the partition shall be cast to 
contain a minimum of two four-inch diameter 
circular openings, or equivalent, located no more 
than 1 2 inches above the tank bottom. 

(2) There shall be no requirement as to tank length, 
width, or shape, provided the tank satisfies all other 
requirements of this Section. 

(3) The invert of the inlet openings shall be located 
within 12 inches of the tank top. No freeboard shall 
be required in the pump lank. 

(4) After joining, tanks manufactured in two sections 
shall be plastered along the joint with hydraulic 
cement, cement mortar, or other waterproofing 
sealant. Other methods of waterproofing tanks may 
be used as specifically approved in the plans and 
specifications for the tank. Prior to backfilling, the 
local health department shall make a finding that a 
two section tank is watertight if a soil wetness 
condition is present within five feet of the elevation 
of the top of the tank. 

(5) Tanks shall be vented and accessible for routine 
maintenance. A watertight access manhole with 
removable lid shall be provided over the pump with 
a minimum diameter of 24 inches. The access 
manhole shall extend at least to six inches above 
finished grade and be designed and maintained to 
prevent surface water inflow. Larger or multiple 
manholes shall be provided when two or more 
pumps are required. Pumps shall be removable 
without requiring entrance into the tank. Manhole 
lids and electrical controls shall be secured against 
unauthorized access. Manhole risers shall be joined 
to the tank top and sealed in accordance with 
Paragraphs (a)( 12) and (b)(4) of this Rule. 

(6) All pump tanks shall bear an imprint identifying the 
manufacturer, pump tank serial number assigned by 
the Division of Environmental Health, and the liquid 
or working capacity of the tank. The imprint shall be 
located to the left of the outlet blockout. All tanks 
shall also be permanently marked with the date of 
manufacture adjacent to the tank imprint or on the 
top of the tank directly above the imprint. 

(c) Plans for prefabricated tanks tanks, risers and riser 
covers, other than those approved under Paragraph (a) or (b) of 
this Rule for precast reinfo r ced concrete tanks, shall be 
appro\ed on an individual basis as determined by the 
information furnished by the designer which indicates the tmrk 
tank, riser or riser cover will provide equivalent effectiveness 



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239 



PROPOSED RULES 



as those designed in accordance witli the provisions of 
Paragraphs (a) and (b) of this Rule. 

(d) Tanks other than approved prefabricated tanks shall be 
constructed consistent with the provisions of this Rule except 
as follows: 

( 1 ) Cast-in-place concrete septic and pump tanks shall 
have a minimum wall thickness of six inches. 

(2) Concrete block or brick masonry tanks shall have a 
minimum wall thickness of at least six inches when 
the design volume is less than 1,000 gallons and a 
minimum wall thickness of at least eight inches 
when the design volume is 1,000 gallons or more. 
All joints between masonry units shall be mortared 
using masonry cement mortar or equivalent. The 
joints shall have a nominal thickness of three-eighths 
inch. All concrete block masonry tanks shall have a 
minimum wall reinforcement of number three 
reinforcing bars on 20-inch centers, or equivalent. 
The maximum allowable reinforcement spacing in 
either direction shall be four feet. All block wall 
cores shall be filled with concrete with a minimum 
compressive strength of 3,000 pounds per square 
inch. All tanks constructed of block or brick shall be 
plastered on the inside with a 1:3 mix (one part 
cement, three parts sand) of Portland cement at least 
three-eighths inch thick or the equivalent using other 
approved waterproofing material. 

(3) The bottom of the built-in-place tank shall be poured 
concrete with a minnnum thickness of four inches. 
All built-in-place tanks shall be reinforced to satisfy 
the structural strength requirements of Paragraph 
(a)(9) of this Rule. Reinforcement shall be placed in 
both directions throughout the entire tank, including 
top, bottom, walls, and ends. 

(e) Manufacturers of septic tanks, effluent filters, pump 
tanks, risers, and riser locators shall comply with the General 
Statutes, this Section, and Approval conditions. If the 
approved products or materials are found to be in non- 
compliance, the Operation Permit shall not be issued or shall 
be denied. The State shall suspend or revoke the product 
approval upon a findint; that the information submitted is 
falsified, the product has been subsequently altered, or 



subsequent experience with the product results in altered 
conclusions about its design or performance. Suspension or 
revocation of the product approval shall not affect systems 
previously installed pursuant to the approval. 

Authority G.S. 130A-335 (ej. (f) and (fl)[2nd]. 

.1955 DESIGN AND INSTALLATION CRITERIA 
FOR CONVENTIONAL SEW AGE SYSTEMS 

(a) Conventional septic tank systems shall utilize a septic 
tank of approved construction with an approved effluent filter 
and support case, access devices, and design volume which 
provides primary treatment of the sewage in accordance with 
the provisions of these Rules. The effluent filter support case 
shall be solvent welded to a PVC Schedule 40 outlet pipe with 
a minimum diameter of three inches inserted through the outlet 
connective sleeve creating a watertight and mechanically sound 
joint and shall extend at least 24 inches beyond the tank outlet. 
The filter and support case shall be installed and maintained in 
accordance with the filter manufacturer's specifications. The 
effluent filter shall be accessible without the operator entering 
the septic tank and removable by hand. The effluent filter shall 
be secured in the support case and located under the outlet 
access opening or manhole. When the top of the septic tank or 
access manhole is installed below finished grade, the location 
of each access opening or manhole shall be visibly marked at 
finished grade. The visible marker(s) shall be located over or 
within a five foot radius of each access opening or manhole. 
The markcr(s) shall be identified as a septic tank locator. 
When not placed over each access opening or manhole, the 
iTiarker( s ) shall indicate location ot' tank access opening(s) or 
manhole(s). The filtered effluent from the septic tank shall be 
conveyed to an approved nitrification line where the soil 
provides for final treatment and disposal of the sewage. 

(b) Table II shall be used in determining the maximum 
long-term acceptance rate for septic tank systems of 
conventional trench design. The long-term acceptance rate 
shall be based on the most hydraulically limiting naturally 
occurring soil horizon within three feet of the ground surface 
or to a depth of one foot below trench bottom, whichever is 
deeper. 



TABLE n 



SOIL GROUP 



SOIL TEXTLIRE CLASSES 
(USDA CLASSIFICATION) 



LONG-TERM 
ACCEPTANCE RATE 

gpd/ft- 



Sands 

(With S or PS 
structure and 
clay mineralogy) 



Sand 
Loamy Sand 



1.2-0.8 



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PROPOSED RULES 



II 



Coarse Loams 
(With S or PS 
structure and 
clay mineralogy) 



Sandy Loam 
Loam 



0.8 - 0.6 



Fine Loams 
(With S or PS 
structure and 
clay mineralogy) 



Sandy Clay Loam 
Silt Loam 
Clay Loam 
Silty Clay Loam 
Silt 



0.6 - 0.3 



IV 



Clays 

(With S or PS 
structure and 
clay mineralogy) 



Sandy Clay 
Silty Clay 
Clay 



0.4 - 0. ] 



The long-term acceptance rate shall not exceed the mean rate 
for the applicable soil group for food service facilities, meat 
markets, and other places of business where accumulation of 
grease can cause premature failure of a soil absorption system. 
Long-term acceptance rates up to the maximum for the 
applicable soil group may be permitted for facilities where data 
from comparable facilities indicates that the grease and oil 
content of the effluent will be less than 30 mg/1 and the 
chemical oxygen demand (COD) will be less than 500 mg/1. 

(c) The design daily sewage flow shall be divided by the 
long-term acceptance rate to determine the minimum area of 
nitrification trench bottom. The total length of the nitrification 
line shall be determined by dividing the required area of 
nitrification trench bottom by the trench width, not to exceed 
36 inches. Trenches shall be located not less than three times 
the trench width on centers with a minimum spacing of five 
feet ori centers. 

(d) The local health department may permit the use of a bed 
system on sites where the soil texture can be classified into 
either Soil Groups I. II. or III. meeting the other requirements 
of this Section, and only on lots which are limited by 
topography, space, or other site-planning considerations. In 
such cases, the number of square feet of bottom area needed 
shall be increased by 50 percent over what would be required 
for a trench system. Nitrification lines shall be at least 18 
inches from the side of the bed and shall have lines on 
three-foot centers. When the design daily flow exceeds 600 
gallons per day. bed systems shall not be used. 

(e) The pipe or tubing used between the septic tank and the 
nitrification line shall be a minimum of three-inch nominal size 
Schedule 40 pohsinyl chloride (PVC). polyethylene (PE). or 
acr\k)nitrile-butadiene-styrene (ABS) or equivalent with a 
minimum fall of one-eighth inch per foot. However, three-inch 
or greater nonperforated polyethylene (PE) corrugated tubing 
may be substituted for Schedule 40 pipe between a distribution 
device and the nitrification line if the following conditions are 
met; 



( 1 ) the trench has a minimum bottom width of one foot; 

(2) the trench bed is compacted, smooth, and at a 
uniform grade; 

(3) the pipe is placed in the middle of the trench with a 
minimum of three inches of clearance between the 
pipe and the trench walls; 

(4) washed stone or washed gravel envelope is placed in 
the trench on both sides of the pipe and up to a point 
at least two inches above the top of the pipe; 

(5) a minimum of six inches of soil cover is placed and 
compacted over the stone or gravel envelope; and 

(6) earthen dams consisting of two feet of undisturbed or 
compacted soil are placed at both ends of the trench 
separating the trench from the distribution device 
and the nitrification line. 

All joints from the septic tank to the nitrification line shall he 
watertight. 

(f) When four or six-inch diameter corrugated plastic tubing 
is used for nitrification lines, it shall be certified as complying 
with ASTM F 405. Standard Specification for Corrugated 
Polyethylene (PE) Tubing and Fittings, which is hereby 
adopted by reference in accordance with G.S. I50B-21.6. The 
corrugated tubing shall have three rows of holes, each hole 
between one-half inch and three-fourths inch in diameter, and 
spaced longitudinally approximately four inches on centers. 
The rows of holes may be equally spaced 120 degrees on 
centers around the periphery, or three rows may be located in 
the lower portion of the tubing, the outside rows being 
approximately on 120-degree centers. The holes may be 
located in the same corrugation or staggered in adjacent 
corrugations. Other types of pipe may be used for nitrification 
lines provided the pipe satisfies the requirements of this 
Section for hole size and spacing and the pipe has a stiffness 
equivalent to corrugated polyethylene tubing (ASTM F-405) or 
stronger. The nitrification line shall be located in the center of 
the nitrification trench. 

is) Nitrification trenches shall be constructed as level as 



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241 



PROPOSED RULES 



possible but in no case shall the fall in a single trench bottom 
exceed one-fourth inch in 10 feet as determined by an 
engineer"slevel or equivalent. When surface slopes are greater 
than two percent, the bottom of the nitrification trenches shall 
follow the contour of the ground. An engineer's level or 
equivalent shall be used for installation and inspection. The 
nitrification trench shall not exceed a width of three feet and a 
depth of three feet, except as approved by the local health 
department. 

(h) Rock used in soil absorption systems shall be clean, 
washed gravel or crushed stone and graded or sized in 
accordance with size numbers 3, 4, 5, 57; or 6 of ASTM D-448 
(standard sizes of coarse aggregate) which is hereby adopted 
by reference in accordance with G.S. I50B-21.6. Copies may 
be inspected in, and copies obtained from the Division of 
Environmental Health, PO Box 27687, Raleigh, North Carolina 
2761 1-7687. TTie rock shall be placed a minimum of one foot 
deep with at least six inches below the pipe and two inches 
over the pipe and distributed uniformly across the trench 
bottom and over the pipe. 

(i) The soil cover over the nitrification field shall be to a 
depth of at least six inches. The finished grade over the 
nitrification field shall be landscaped to prevent the ponding of 
surface water and runoff of surface water shall be diverted 
away from the nitrification field. Soil cover above the original 
grade shall be placed at a uniform depth over the entire 
nitrification field, except as required to prevent the ponding of 
surface water, and shall extend laterally five feet beyond the 



nitrification trench. The soil cover shall be placed over a 
nitrification field only after proper preparation of the original 
ground surface. The type of soil cover and placement shall be 
approved by the local health department. 

(j) Effiuent distribution devices, including distribution 
boxes, flow dividers, and flow diversion devices, shall be of 
sound construction, watertight, not subject to excessive 
corrosion, and of adequate design as approved by the local 
health department. Effluent distribution de\ices shall be 
separated from the septic tank and nitrification lines by a 
minimum of two feet of undisturbed or compacted soil and 
shall be placed level on a solid foundation of soil or concrete to 
prevent differential settlement of the device. The installer shall 
demonstrate that the distribution devices perform as designed. 

(k) Grease traps or grease interceptors shall be required at 
food service facilities, meat markets, and other places of 
business where the accumulation of grease can cause premature 
failure of a soil absorption system. The following design 
criteria shall be met: 

( 1 ) The grease trap shall be plumbed to receive all 
wastes associated with food handling and no toilet 
wastes; 

(2) The grease trap liquid capacity shall be sufficient to 
provide for at least five gallons of storage per meal 
served per day. or at least two-thirds of the required 
septic tank liquid capacity, or a capacity as 
determined in accordance with the following: 



LC = D X GL X ST X HR/2 x LF 

where LC - grease trap liquid capacity (gallons) 

D = number of seats in dining area 

GL = gallons of wastewater per meal ( 1 .5 single-service; 2.5 full service) 



ST = storage capacity factor 
HR = number of hours open 
LF - loading factor 



= 2.5 

= ( 1 .25 interstate highway 

1.0 other highways and recreational areas 

0.8 secondary roads) 



(3) Two or more chambers must be provided, with total 
length-to-width ratio at least 2:1. Chamber opening 
and outlet sanitary tee must extend down at least 50 
percent of the liquid depth. 

(4) Access manholes, with a minimum diameter of 24 
inches, shall be provided over each chamber and 
sanitary tee. The access manholes shall extend at 
least to finished grade and be designed and 
maintained to prevent surface water infiltration. The 
manholes shall also have readily removable covers to 
facilitate inspection, filter maintenance, and grease 
removal. 

(5) One tank or multiple tanks, in series, shall be 
constructed in accordance with Rules .1952. .1953. 
and .1954 of this Section, and the provisions of 



Paragraphs (k)(3) and (k)(4) of this Rule. 
(6) Where it has been demonstrated that specially 

designed grease interceptors will provide improved 

performance, the grease trap liquid capacity may be 

reduced by up to 50 percent. 
(1) Stepdowns or drop boxes may be used where it is 
determined by the local health department that topography 
prohibits the placement of nitrification trenches on level grade. 
Stepdowns shall be constructed of two linear feet of 
undisturbed soil and constructed to a height which fully utilizes 
the upstream nitrification trench. Effluent shall be conveyed 
over the stepdown through nonperforated pipe or tubing and 
backfilled with compacted soil. Drop boxes shall be 
constructed so that the invert of the inlet supply pipe is one 
inch above the invert of the outlet supply pipe which is 



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connected to the next lower drop box. The top o1 the trench 
outlet laterals, which allow effluent to move to the nitritlcation 
lines, shall be two inches below the invert of the outlet supply 
line. Area taken up by stepdowns and drop boxes shall not be 
included as part of the minimum area required for nitrification 
trench bottom.s. 

(m) Nitrification trenches shall be installed with at least one 
foot of naturally occurring soil between the trench bottom and 
saprolite. rock, or any soil horizon unsuitable as to structure, 
clay mineralogy or wetness. If the separation between the 
bottom of the nitrification trench and any soil wetness 
condition is less than 18 inches, and if more than six inches of 
this separation consists of Group I soils, a low pressure pipe 
system shall be required. 

(n) If sewage effluent pumps are used, the applicable 
requirements of Rule .1952 of this Section shall apply. 

(o) Collection sewers shall be designed and constructed in 
accordance with the following minimum criteria: 

(1) Building drains and building sewers shall be in 
accordance with the state plumbing code and 
approved by the local building inspector. 

(2) Pipe material shall be specified to comply with the 
applicable ASTM standards, with methods of joining 
and other special installation procedures specified 
which are appropriate for the pipe to be used. 

(3) Gra\ity sewers shall be designed to maintain scour 
velocities of at least two feet per second with the 
pipe half full and a minimum of one foot per second 
at the peak projected instantaneous flow rate. Force 
mains shall be sized to obtain at least a two-foot per 
second scour velocity at the projected puinp 
operating flow rate. 

(4) Infiltration and exfiltration shall not exceed 100 
gallons per day per inch diameter per mile of gravity 
sewer pipe or 20 gallons per day per inch diameter 
per mile of pressure pipe in force mains and supply 
lines. 

(5) Three-foot minimum cover shall be provided for all 
sewers unless ferrous material pipe is specified. 
Ferrous material pipe or other pipe with proper 
bedding to develop design-supporting strength shall 
be provided where sewers are subject to 
traffic-bearing loads. 

(6) Manholes shall be used for sewers at any bends, 
junctions, and at least e\ery 425 feet along the sewer 
lines. Drop manholes are required where the inlet to 
outlet elevation difference exceeds 2.5 feet. 
Manhole lids shall be watertight if located below the 
100-year fiood elevation, within 100 feet of any 
public water supply source, or within 50 feet of any 
pri\ate water supply source or any surface waters 
classified WS-I, WS-II. WS-III, SA, SB, or B. 

(7) Cleanouts may be used instead of manholes for 
four-inch and six-inch sewers serving one or two 
buildings or as otherwise allowed by the North 



Carolina Plumbing Code. When used, cleanouts are 

required at least every 50 feet for four-inch sewers 

and every 100 feet for six-inch sewers and at all 

junctions and bends which exceed 45 degrees. 

(8) Additional ventilation provisions may be required 

for collection sewers. Air relief valves shall be 

provided as needed for force mains. 

(p) Alternating dual field nitrification systems may be 

utilized where soils are limited by high clogging potentials 

(Soil Groups III and IV) and where the potential for 

malfunction and need for immediate repair is required. 

Alternating dual nitrification fields shall be designed with two 

complete nitrification fields, each sized a minimum of 75 

percent of the total area required for a single field and 

separated by an effluent flow diversion valve. The diversion 

valve shall be constructed to resist 500 pounds crushing 

strength, structurally sound, and shall be resistant to corrosion. 

Valves placed below ground level shall be provided with a 

valve box and suitable valve stem so that they may be operated 

from the ground surface. 

Authority G.S. 130A-335 (e). (ft and (fJ )l2nJj. 



TITLE 21 - OCCUPATIONAL LICENSING BOARDS 
CHAPTER 1 - ACUPUNCTURE LICENSING BOARD 

Notice is lierehy given in accordance witli G.S. 150B-21.2 
tliat the NC Acupuncture Licensing Board intends to 
amend the rule cited as 21 NCAC I .0101. Notice of Rule- 
making Proceedings was published in the Register on May 14. 
1999. 

Proposed Effective Date: July I, 2000 

A Public Hearing will he conducted at 10:30 a.m. on August 
2. 1999 at Management Concepts. Inc.. 893 U.S. Hwy. 70 
West. Suite 202. Garner, NC 27529. 

Reason for Proposed Action: This Rule will contain 
additional procedures allowing for licensure for those who do 
not meet the current qualifications. 

Comment Procedures: All written comments must be 
submitted to Diana MUls. NCALB. 893 U.S. Hw\ 70 West, 
State 202. Garner. NC 27529-2597 b\ September I. 1999. 

Fiscal Note: This Rule does not affect the expenditures or 
revenues of state or local government funds and does not have 
a substantial economic impact of at least five million dollars 
($5,000,000) in a 12-month period. 



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SECTION .0100 - LICENSURE 

.0101 QUALIFICATIONS FOR LICENSURE 

In addition to and for tiic purposes of meeting the 
requirements of G.S. 90-455 an applicant for licensure to 
practice acupuncture shall: 



(I) 
(2) 

(3) 



(4) 



Submit a completed application, 
Submit fees as required by Rule .0103 ol this 
Section, 

Submit proof of a score of not less than 70% on the 
National Certification Commission for Acupuncture 
and Oriental Medicine (NCCAOM) acupuncture 
written & point location exams or a score of not less 
than 70% from any state utilizing the NCCAOM 
examination. 

Submit a certified copy, certified by the issuing 
institution, of a transcript including evidence of 
graduation from a three-year postgraduate 
acupuncture college, accredited by. or in candidacy 
status by, the Accreditation Commission for 
Acupuncture and Oriental Medicine, or, if outside of 
the US, the California Acupuncture Com m ittee, 
CcMTimillee. or 

(a) Submit proof thai the candidate has been 
continuously licensed to practice acupuncture 
by an aaency of a state of the United States of 



America for at le: 
no disciplinary ai 
pendina aaainst i 
(b) Submit proof th 
least 20 continuii 
those years iji 
related studies. 

(5) Submit proof of succes' 
Needle Technique cour 
Colleges of Acupunci 
(CCAOM), 

(6) With any document l\ 
original form, submit a 
by someone other than t 
document shall have 
statement of the translai 
competent in both thi 
document and English 
true and complete transi 
original. The applicant 
document necessary foi 

(7) Submit all correspon 
Acupuncture Licensin: 
Road; US Highway 70 
27529. 

Aialuiritx G.S. 90-454: 90-455. 



;St the previous 10 years, and 
tions have been taken or are 
c candidate, and 
t candidate has fulfilled at 
g educations credits each of 
acupuncture or health-care 

;ful completion of the Clean 
;e offered by the Council of 
re and Oriental Medicine 

It is not in English in its 
ranslation of it into English 
le applicant. Each translated 
affixed to it a notarized 
)r certifying that he or she is 

language of the original 
md that the translation is a 
ition of the foreign language 
shall assume the cost of any 
i complete application, 
:ience to North Carolina 

Board, 1418 Avc r sbo r o 
Vest, Suite 202. Garner. NC 



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The Codifier of Rules has entered the following temporary ridels) in the North Carolina Administrative Code. Pursuant to 
G.S. 150B-21 .1(e). publication of a temporary rule in the North Carolina Register serves as a notice of rule -making 
proceedings unless this notice has been previously published by the agency. 



TITLE 9 - OFFICES OF THE GOVERNOR 

AND LIEUTENANT GOVERNOR 

Rule-making Agency: Office of the Governor 
Rule Citation: 9 NCAC 5G .0101 -.0104 



designated agency to share information with another 
designated agency if that sharing would violate federal law or 
regulations. 



History Note: Authority G.S. 78-3100: 
Temporan- Adoption Eff. July 7, 7999. 



Effective Date: J((/v 7. 7999 

Findings Reviewed and Approved by: Julian Mann. Ill 

Authority for the rule-making: G.S. 147-33.36 

Reason for Proposed Action: Section 7B-3I00 of Senate Bill 
1260 requires the Office of Juvenile Justice to draft rules which 
designate the agencies that are allowed to share information 
concerning the juveniles in the care of the State. 

Comment Procedures: Please fon\'ard any comments to Tara 
Minier. APA Coordinator. Office of Juvenile Justice. 410 S. 
Salisbury Street. PO Bo.x 29527. Raleigh. NC 27626. 

CHAPTER 5 - JUVENILE JUSTICE 

SUBCHAPTER 5G - SHARING OF INFORMATION 

REGARDING ABUSED, NEGLECTED. DEPENDENT, 

UNDISCIPLINED, OR DELINQUENT JUVENILES 

SECTION .0100 - GENERAL INFORMATION 

.0101 PURPOSE AND SCOPE 

(a) These Rules: 

( 1 ) designate agencies that are authorized to share with 
each other, upon request, information m their 
possession that is relevant to any case in which a 
petition is filed alleging that a juvenile is abu.sed. 
neglected, dependent, undisciplined, or delinquent; 
and 

(2) establish procedures for the sharing of information 
among designated agencies. 

(b) Nothing in these Rules precludes any other necessary 
sharing of information among agencies. 

(c) NcUhing [n these Rules requires the disclosure or release 
of any information in tlie possessictn of a district attorney. 

IdJ Nothing in these Rules authorizes or requires a 



.0102 DEFINITIONS 

Unless the context clearly requires a different meaning. 
(1) "Designated agency" means an agency designated by 
as an agency authorized to share 



the 



Rules 



12] 



13] 



information pursuant to these rules and G.S. 7B- 
3100. and includes any person or entity that is 
employed by a designated agency, works under 
contract with a designated agency, or functions in a 
volunteer, student, intern, or similar capacity in or 
for a designated agency. 

"Information" means any confidential or 
nonconfidential information, whether or not 
recorded, including information stored in computer 
data banks or computer files, that is relevant to: 

(a) a case in which a petition is filed alleging that 
a juvenile is abused, neglected, dependent, un- 
disciplined, or delinquent, and 

(b) the protection, treatment of or educational 
opportunities of tlie juvenile in regard to 
whom the petition is filed or tlie protection of 
others. 

"Juvenile" means a person who has been alleged or 
adjudicated to be an abused, neglected, dependent, 
undisciplined, or delinquent juvenile, as defined in 
G.S. 7B-101 or 7B-1500. and who is subject to the 
continuing jurisdiction of the juvenile court. 



History Note: Authority G.S. 7B-3100: 
Temporan- Adoption Eff. July 7. 1999. 

.0103 AGENCIES AUTHORIZED TO SHARE 
INFORMATION 

The following agencies are authorized and required to share 
information concerning juveniles pursuant to these Rules and 
G.S. 7B-3100: 

(1 ) local mental health facilities. 

(2) area mental health authorities. 

(3) local health de partments. 

(4) county departments of social services. 



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(5) local law enforcement aiiencies. 

(6) local school administrative units. 

(7) district attorneys" offices. 

(8) the Office oi Juvenile Justice. 

(9) the Oftlce of Guardian ad Litem Services of the 
Administrative Office of the Courts. 

(10) a local aiiency that has been desitinated by a standing 
order issued by the chief district couil iudiic of the 
district court district m which the agency is located 
as an agency authorized to share information 
pursuant to these Rules and G.S. 7B-3100. 

History Note: A iithorit}- G. S. 7B-3I 00: 
Temporan Adoption Eft'. Jidx 7, 1999. 

.0104 SHARING OF INFORMATION AMONG 
DESIGNATED AGENCIES 

(a) Except as provided rn Paragraph (c) of these Rules, a 
designated agency shall provide information to the designated 
agency making a request. 

(b) Except as provided in Paragraph (c) of these Rules, a 
district attorney may provide information to the designated 
agency making a request. 

(c) When the disclosure of requested information is 
prohibited or restricted by federal law or regulations, a 
designated agency shall share the information only in 
conformity with the applicable federal law and regulations. At 
the request of the initiating designated agency, the designated 
agency refusing the request shall inform that agency of the 
specific law or regulation that is the basis for the refusal. 

(d) At the request of a designated agency from which 
information is requested, the initiating agency shall provide 
documentation or other support for Us claim that the sharing of 
the requested information is authorized or required by this 
Subchapter. 

(e) When a designated agency shares confidential 
information with another designated agency pursuant to this 
Subchapter, the designated agency sharing the confidential 
infcirmation shall document the date on which the information 
was shared and the agency to which the information was 
provided. 

Uj Information received by a designated agency pursuant to 
this Subchapter may tie used only to protect the juvenile or 
(Uhers or to improve the educational opportunities of the 
juvenile. 

(g) Information received by a designated agency pursuant to 
this Subchapter. U' ^)therwise confidential, may not be 
redisclosed except as authorized or required b\' law. 

(h) A designated agency that receives otherwise confidential 
inl'onnatit)n pursuant to this Subchapter shall: 

( 1 ) develop written pcilicies and prcicedures regarding 
controlled access to the information, including 
policies regarding the discipline or dismissal of 



persons who fail to comply with the requirements ot 
this Subchapter; 

(2) update these procedures as necessary; 

(3) ensure that only authorized persons have access to 
the information; 

(4) ensure that the information is stored in a secure 
manner; and 

(5) use best management practices for computer security 
with respect to inf(^rmation included in a computer 
database, including but not limited to. ct)mpuler 
security measures to block entry into the system by 
individuals who are not authorized to have access to 
the information. 

Histoiy Note: Autiioritx G.S. 7B-3100: 
Teniponm Adoption Eff. Julx 7. 1999. 



TITLE 10 - DEPARTMENT OF HEALTH AND 
HUMAN SERVICES 

Rule-making Agency: DHHS - Division of Medical 
Assistance 

Rule Citation: 10 NCAC SOB .0305 

Effective Date: August 5. 1999 

Findings Reviewed and Approved by: BeecherR. Gray 

Authority for the rule-making: G.S. 108A-528: 108A-54: 42 
CFR 435.510: 89 CVS 922 

Reason for Proposed Action: Unemployment was previously 
defined as working lUO hours or less per month. The revised 
regulation allows states to develop a reasonable definition of 
unemployment as long as it is not more restrictive than the 
former definition. 

Comment Procedures: Written comments concerning this 
rule-making must he submitted to Portia W. Rochelle, Rule- 
making Coordinator. Division of Medical Assistance. 1985 
Umstead Drive. Raleigh. NC 27603. 

CHAPTER 50 - MEDICAL ASSISTANCE 

SUBCHAPTER SOB - ELIGIBILITY DETERMINATION 

SECTION .0300 - CONDITIONS FOR ELIGIBILITY 

.0305 DEPRIVATION 



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Deprivation shall be due to: 



(1) 
(2) 



(3) 



(4) 



(5) 



(c) 
(d) 



(e) 



Death of either parent. 

Physical or mental incapacity of either parents based 
on a physical or mental defect, illness, or impairment 
of such a debilitating nature as to reduce 
substantially or eliminate the parents ability to 
support or care for the otherwise eligible child; 
pro\ ided. that the defect, illness, or impairment shall 
be expected to last for at least 30 days. 
Continued absence of parent for reason other than 
death or hospitalization, and this absence interferes 
with the child's receipt of maintenance, physical 
care, or guidance from his parent and precludes the 
parent's being counted on for support or care for the 
child. Such continued absence may be due to any of 
the following: 

(a) Divorce. 

(b) Separation. 
Desertion or abandonment. 
Absence from the home for treatment or 
medical care and the expected duration of the 
absence will exceed 12 months. 
Incarceration in an institution. 
Temporary absence of the payee relative or of 
the child from the home shall not affect 
eligibility, if the absent inember of the 
household has not established another abode 
of a permanent nature, and the reasons for 
absence indicate that the absence will be 
temporary. A child may be temporarily 
absent from the home for various reasons, but 
the responsible relative shall have a definite 
plan for bringing the child back into the home 
when the need for his absence has passed. 
The exercise of parental control and guidance 
by the relative, rather than the physical 
presence of the relative or the child in the 
home, shall be the important factor to be 
considered. 

Parents living together and not married to each other 
where the putative father's duty to support the child 
has not been established. 

Unemployed Parent Status for Two-Parent Families . 
The child shall be deprived if both parents are in the 
home and: 

(a) The piinciple wage earner ( the pa r ent who 
earns the greater amount of income in the 24 
months prio r t o th e month of applicat i o n ) is 
unemp l oyed. The parents are eligible for 
Medicaid because countable income js equal 
to or less than the appropriate catetit^ricallv 
needy inccime limit as defined m Paratiiaph 
(e) of Rule .0313 of this Section: or 

(b) If the gross wag e s of both pa r e n ts a r e equal. 



the parent who worked the l e sser number of 
ho u r s shall h e considered the principl e wage 
earner. — or The parents are eliiiihle for 
Medicaid under medically needy eligible 
criteria by \irture of meetinii a deductible 
based upon income which exceeds the 
appropriate income limit as defined in 
Paragraph (e) oi' Rule .03 1 3 iif this Section. 



r ked a r c equal, the par ent s must designate 



ttr) If the hours wo 
in writing the principle wage ear ne r. 

Histoiy Note: Authority G.S. W8A-28: in8A-54: 42 C.F.R. 

4}5.510: 89C.V.S. 922: 

Eff. September 1. 1984: 

Amended Eff. October I. 1991: August 1. 1990: 

Temporary Amendment Eff. August 5. 1999. 



TITLE ISA - DEPARTMENT OF ENVIRONMENT 
AND NATURAL RESOURCES 

Rule-making Agency: Comntission for Health Services 

Rule Citation: 15A NCAC 18C .0301 -.0309. .1304 

Effective Date of Temporary Rules: October 1. 1999 

Proposed Effective Date of Permanent Rules: August 1. 
2000 

Findings Reviewed and Approved by: Beeclter R. Gray 

A Public Hearing will be conducted at 2:00 p.m. on 
September 21. 1999 at the Archdale Building. Groundfloor 
Hearing Room. 512 N. Salisbury Street. Raleigh, NC. 

Authority for the rule-making: G.S. 90A-29: 130A-315: 
130A-317: P.L 93-523 

Reason for Proposed Action: These temporary rules must be 
established as permanent rules to satisfy federal statutoiy 
requirements in the Safe Drinking Water Act Amendments of 
1996. If North Carolina fails to establish permanent authority- 
to prevent the formation of new. non-viable water systems. 
EPA will be required to withhold 20% of North Carolina 's 
annual Drinking Water State Revolving Fund Allotment. 

Comment Procedures: All interested parties are invited to 
attend the public hearing. Written conuuents will he accepted 
through September 21. 1999 and should he directed to James 
McGuire. Environmentid Engineer. DENR. Public Water 



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247 



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Supply Section, PO Box 29536. Raleigh. NC 27626-0536. 
(919)715-3269. 

Fiscal Note: These Rules. 15A NCAC ISC .0306. .1304. do 
not affect the expenditures or revenues of local government 
funds and do not have a substantial economic impact of at least 
five million dollars ($5,000,000) in a 12-month period. 

Fiscal Note: The.'ie Rules. 15A NCAC 18C .0301 -.0305. .0307- 
.0309. do affect the expenditures or revenues of local and state 
government funds ami do not have a substantial economic 
impact of at least five million dollars ($5,000,000) in a 12- 
month period. 

CHAPTER 18 - ENVIRONMENTAL HEALTH 

SUBCHAPTER 18C - WATER SUPPLIES 

SECTION .0300 - SUBMISSION OF PLANS: 
SPECIFICATIONS: AND REPORTS 

.0301 APPLICABILITY: PRIOR NOTICE 

(a) All persons, including units of local government, 
intending to construct, alter, or expand a community or non- 
transient, non-community water system shall give written 
notice thereof, including submission of applicable Water 
Svstem Management Plan, engineering reports, and 
engineering plans and plans, specifications and engineering 
re po r ts, to the D i vision of Envi r onmental Health. Department. 
as required by the rules of this Section. Any construction, 
alteration, or expansion which affects capacity, hydraulic 
conditions, operating units, the functioning of water treatment 
processes or the quality of water to be delivered shall require 
submission of the dt)cumenis described in this Paragraph. A 
non-community water system using surface water or ground 
water under the direct influence of surface water shall be 
subject to the provisions of this Rule. An adjacent water 
syste m sh all n ot be sub j ect to the provisions of this Rule unless 
the adjacent water system is constructed, altered o r e xpanded 
on or after July 3 1 . 1987. Non-transient, non-community water 
systems shall not be subject to the provisions of this Rule 
unless constructed, altered, or expanded on or after July 1, 
1994. 

(b) Water System Management Plan and Engineer's Report 
shall be subinitted to the Department at least 60 days prior to 
the date upon which action by the Department is desired. 

tiT)tc) All reports, other than tht>se jn Paragraph (b) of this 
Rule, plans and engineering plans and specifications and other 
data intended for appro\al shall be submitted to the Di\ ' ision 
Department at least .^0 days prior to the date upon which action 
by the Division Department is desired. 

(d) If revisions to the Water System Management Plan are 
necessary, the system applicant vtill be notified. A revised 
Water Svsiem Management Plan will constitute a resubmittal 



and additional time will be required for review. 

(r1(e) If revisions to the engineering plans or specifications 
are necessary, the engineer who prepared them will be notified. 
Revised engineering plans and specifications will constitute a 
resubmittal and additional time will be required for review. 

History Note: Authority G.S. 130A-315: 130A-317; P.L. 

93-523; 

Eff. January 1. 1977; 

Readopted Eff. December 5. 1977; 

Amended Eff. July I. 1994; September 1, 1990; March 1, 1989; 

June 30, 1980; September 1, 1979; 

Temporan' Amendment Eff. October 1_^ 1999. 

.0302 SUBMITTALS 

(a) P r ocedu r e Ap p lica ble to all P r ojects. Extensions, or 
Changes. All plans, spec i ficatio n s specifications, reports or 
other data intended — for — submission — tti — the — Division — of 
Environmental Health shall be submitted in triplicate for 
review by the Public Water Supply Section, Division of 
Environmental Health, P.O. Box 29536, Raleigh, North 
Carolina 27626-0536. 

(b) Plans. Engineering plans shall consist of legible prints 
having black, blue, or brown lines on a white background 
suitable for microfilming. The engineering plans shall not be 
more than 36 inches wide and 48 inches long, long and not be 
less than 24 inches wide and 36 inches long. 

(c) An applicant subject to G.S. 143-355(1) shall submit 
three copies of the adopted Local Water Supply Plan. If 
information required in the Engineer's Report or the Water 
System Management Plan js included m an adopted Local 
Water Supply Plan, a submittal to the Department may 
incorporate this information by referencing the location in the 
adopted Local Water Supply Plan. 

(d) Existing systems that ha\e previously submitted an 
Engineer's Report and a Water System Management Plan m 
accordance with Rule .0307 oi' this Section shall document any 
changes either as revised reports and plans or addcndums. 

HistoiyNote: Authority G.S. 130A-315; 130A-317; P.L. 

93-523; 

Eff.Januan I. 1977; 

Readopted Eff. December 5. 1977; 

Amended Eff. July 1. 1994; December 1. 1991; September 1. 

1990; June 30. 1980; September I. 1979; 

Temporan Amendment Eff. October 1_^ 1999. 

.0303 SUBMISSIONS REQUIRED BY 
ENGINEER AND APPLICANT 

(a) Detailed Engineer's Reports and engineering plans and 
specifications shall be prepared by a professional engineer 
licensed to practice in the State of North Carolina. Tlie pla n s 
These documents shall bear an imprint of the registration seal 



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ot the engineer. Upon completion of the construction or 
modification, the wate r supplie r apphcant shall submit a 
certification statement signed and sealed by a registered 
professional engineer and — affixed — with — his — professional 
engineering seal stating that construction was completed in 
accordance with approved enizineerin" plans and specifications 
specifications, includinu any prcnisions stipulated in the 
Department's plan approval letter or authorization to construct 
letter, and revised only in accordance with the provisions of 
Rule .0306 of this Section. The statement shall be based upon 
observations during and upon completion of construction by 
the engineer or a representative of the engineers office who is 
under the engineer's supervision. 

(b) A Water System Management Plan as required in 
Paragraph (c) of Rule .0307 of this Section shall include a 
signed certification stating that the information submitted is 
true, accurate, and coinplete. This certification shall be in 
accordance with Paragraph (d) of this Rule. 

(cl The applicant shall submit a signed certification, prior to 
Final Approval, stating that the requirements in Paragraph (d) 
(Operation and Maintenance Plan) and Paragraph (e) 
(Emergency Management Plan) oi' Rule .0307 of tins Section, 
and Section .1300 of this Subchapter, have been satisfied. This 
certification shall be in accordance with Paragraph (d) ol' this 
Rule. 

(d) The certifications required in Paragraphs (b) and (c) of 
this Rule shall be provided on a form provided by the 
Department and shall lie signed b\ the following individual or 
their duly authorized representative: 

( 1 ) for a corporation, limited liability company, home 
owner association or a non-profit organization: a 
president, vice president, secretary, or treasurer; 

(2) for a partnership or sole proprietorship: by a general 
partner or the proprietor; or 

(3) for a municipality. State, Federal or other agency: 
by either a principal executive officer or ranking 
elected official. 

Histoiy Note: Authority G.S. 130A-3I5: 1 3UA-3J7: P.L 

93-523: 

Eff. Januaiy 1. 1977: 

Readopted Ejf. December 5. 1977: 

Amended Ejf. July I. 1994: December I. 1987; September I, 

1979: 

Temporarx Amendment Eff. October ]_^ 1999. 

.0304 APPLICATION FOR APPROVAL: BY 
WHOM MADE 

Applications for approval shall be filed by the proper uni t of 
local governmen t or person for whom the work is to be done. 
current owner on blanks which will be supplied by the 
Division. Department. If ownership changes before Final 
Approval, the new owner shall submit a new Water System 
Management Plan in accordance with Rule .0307 of this 



Section. On e copy of t he plans and specifications, upon 
ap pro \ al. w ill be c er tifi e d a n d r etu r ned to th e person or persons 
making application for approval. 

Histor}- Note: Authority G.S. 130A-3I5: 1 30A-317: P.L. 

93-523: 

Ejf. January 1. 1977: 

Readopted Eff. Decembers. 1977: 

Amended Eff. September 1. 1990: 

Temporarx Amendment Eff. October /^ 1999. 

.0305 APPROVALS NECESSARY BEFORE 
CONTRACTING OR CONSTRUCTING 

(a) No construction shall be undertaken, and no contract for 
construction, alteration, or installation shall be entered into 
prior — to — approval — of — plans — and — specifications — by — the 
D ep a r tment, unless the Department determines the system 
complies with G.S. 13()A-3 17(c) and the Department issues the 
authorization to construct letter. This authorization will be 
issued following completion and submittal of the Engineer's 
Report and Water System Management Plan and appixnal of 
the engineering plans and specifications by the Department. 
Authorization to construct from the Department shall be valid 
for 24 months from the date of ifie letter. Authorization to 
construct may only fie extended it Ijie rules governing a public 
water supply and site conditions have not changed. The 
authorization to construct and approval letter for engineering 
plans and specifications from the Department shall be posted at 
the primary entrance ot llic job site be tore construction begins. 

(b) Upon request, permission to drill test wells at approved 
sites in order to establish quality and quantity may he granted 
by the Department prior to completi()n and submittal of the 
Engineer's Report and Water System Management Plan and 
approval ol' engineering plans and specificatic^ns. All wells 
abandoned, either temporarily or permanently, shall be 
abandoned m acoirdance with I5A NCAC 2£. 0113 (Well 
Construction Standards) and all local ordinances. 

Mr) tc] Units of local government which have an adopted 
water system extension policy, upon submission to and 
approval of a copy of their policy by the Department, may be 
excluded from the requirements of submitting engineering 
plans and specifications for water main extensions, and that 
would not have adverse effect upon the existing system supply 
or pressure, provided the following requirements are met: 

( 1 ) Engineering plans Plans and specitications for all 
such extensions shall be prepared by or under the 
direct supervision of an engineer licensed to practice 
in the State of North Carolina. 

(2) All engineering plans shall be apprcned h\ the units 
of local government engineering department or its 
consulting engineers prior to the commencement of 
construction. 

(3) The Department shall have approved the extension 
policy submitted by the unit of local government 



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August 2, 1999 



249 



TEMPORARY RULES 



prior to construction commencing. 

(4) The extension policy submitted for review and 
approval by the Department shall provide for 
establishing ownership, operation and maintenance 
of water system extensions, and shall constitute prior 
notice of proposed construction. 

(5) Where design is to be based on a local government's 
standard specifications in lieu of written separate 
specifications for each extension project, the 
standard specifications shall have been previously 
approved by the Department. 

(6) The local government shall have obtained from the 
Department a letter stating they have met the 
aforementioned requirement and are excluded from 
the requirement for submitting detailed engineering 
plans and specifications for each minor extension in 
keeping with the intent of this Rule. 

(7) Where such minor additions or extensions have been 
made an annual up-to-date plan of the entire system 
shall be submitted for review and approval by the 
Division. Department. 

History- Note: Authority G.S. 130A-315; 130A-317; P.L. 

93-523; 

Eff. January 1. 1977: 

Readopted Eff. December 5, 1977; 

Amended Eff. July 1, 1994; September 1, 1990; September 1, 

1979; 

Temporarx Amendment Eff. October 1 . 1999. 

.0306 CHANGES IN ENGINEERING PLANS 

OR SPECIFICATIONS AFTER APPROVAL 

Deviations from the approved engineering plans and 
specifications or changes in she conditions affecting capacity, 
hydraulic conditions, operating units, the functioning of water 
treatment processes, the quality of water to be delivered, or any 
provisos stipulated in the Department's originaland subsequent 
letters of approval must be approved by the Department before 
any construction or installation. Revised engineering plans and 
specifications shall be submitted in time to permit the review 
and approval of such plans or specifications before any 
construction work affected by such deviations is begun. The 
Secretary may seek injunctive relief under G.S. 130A-18, 
assess an administrative penalty under G.S. 130A-22(b), or 
revoke or suspend engineering plan approval under G.S. 
130A-23 for any violation of this Rule. 

HistoiyNote: Authority G.S 130A-315; 130A-317; P.L. 

93-523; 

Eff. January 1. 1977; 

Readopted Eff. December 5, 1977; 

Amended Eff. November 1, 1987; 

Temporan Amendment Eff. October 1_^ 1999. 



.0307 ENGINEER'S REPOl IT AND WATER 

SYSTEM MANAGEMENT PLAN 

fa) The owne r , when required. Uiall submit to the Division, 
a n engi n ee r ing r eport in duplicat .' covering the basic factors 
a n d p rinc ip l es considered in plann i ng of the project. 

ttr) Such engineering reports ^ l all be required for projects 
involvin g ne w water systems, mrdification of existing water 
systems, dev e lopment or modifier I ion of surface water sources 
and othe r wate r syste m p r o je c t s r e : ]uii ' ing engineering. 

(a) The applicant shall sufiriit to the Department an 
Engineer's Report and Water System Management Plan 
covering the basic factors and prin . -iples considered in planning 
of the project. 

(b) Engineer's Report. The En ; iineer's Report shall contain 
a system description for the entire project, including scheduled 
phase development and the fo owing information, where 
applicable : 

( 1 ) description of any exis ing water system related to 
this project; 

(2) identification of the mi riicipality, community, area, 
or facility to be ser\ .-d by the proposed water 
system; 

(3) the name and address ol the applicant; 

(4) a description of the niiU !££ of the establishments and 
of the area to be ser:ed by the proposed water 
system; 

(5) a description of the fun re service areas of the public 
water system for 5^ K). . ^ and 20 years; 

(6) consideration of altern itive plans for meeting the 
water supply requiremc Us of the area, including, for 
new systems, obtainii g water service from an 
existing system; : 

(7) for applicants seeking S ate loan or grant support for 
the project, financial ci'i siderations, including, 

(A) any technical alic natives, 

(B) costs of integral i nits; and 

(C) total costs; 

population records .. nd trends, present and 
anticipated future water . demands, present and future 
yield of source or sourc ;s of water supply, including 
provisions to supply wa 'er to other systems; 
character of source or sources of water supply, 
including: 

(A) hvdrological or h /drogeological data; 

(B) stream flow rates or well yields; 

(C) for surface sou ces. analytical results for 
chemical, mint ral. bacteriological, and 
physical qualities and 

(D) location and natu e of sources oi' pollution; 
proposed water treatmei t processe s, including: 

(A) criteria and basis >f design of units, 

(B) methods or prot edures used in arriving at 
recommendation' . and 



18) 



19] 



10) 



250 



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August 2, 1999 



14:3 



TEMPORARY RULES 



:i2) 



(C) reasons or iustiricalions for any deviations 
from conventional or indicated prt)cess or 
method: 
for purchased water, a copy of the agreement with 
the supplier and the hydraulic analysis showing the 
supplier's capabilities for supplying the purchased 
water: 

a description of the design basis of the source, 
treatment, and distribution system, and the useful life 
of aj] sources, treatment, and transmission facilities 
including pipes, pumping stations, and storage 
facilities: 



Oil 



(14) tor 



for existing system projects intending to alter or 
expand a distribution system. pro\ide a statement of 
maximum daily treated water supply and maximum 
daily demand. Pnnidc suppcirting documentation 
and calculations: and 

for existing systems, a prioritized list of 
infrastructure impro\ements. 
(c) Water System Management Plan. The Water System 
Management Plan shall document, where applicable, the ability 
to finance, operate, and manage the system in accordance with 
this Subchapter for the current owner and for any entity that 
assumes ownership of the water system within the first 24 
months of operation: 

( 1 ) Organization: 

(A) description of offjanizational structure or a 
chart showing aJ] aspects of water system 
management and operation: 

(B) identification of positions respcinsible for 
policy decisions ensuring compliance with 
State rules and the da\'-to-dav operation oi' the 
system: and 

(C) copies of anx contracts for management or 
operation of the water system by perscMis or 
agencies other than the system's owner. 

(2) Ownership: 

(A) identify the ownership structure (sole 
proprietor, partnership, corporation, limited 
liability company, homeowner association, 
nonprofit organization. local government 
unit, state or federal agency, or other legal 
entity) and disclose U' the ownership of the 
system is expected to change once the system 
is constructed, and vf known, identify the 
future owners: 

(B) provide mailing address and street address of 
the owner, and physical location of the water 
system: 

(C) disclose any encumbrances, trust indentures, 
bankruptcy decrees, legal orders or 
proceedings, or other items that ma\ affect or 
limit the owner's control o\er the system and 
document how the owner will comply with the 



ill 



14] 



ill 



16] 



m 



requirements of this Subchapter: and 
(D) provide copies of any leases or recorded 

easements for land, water supply sources, or 

physical facilities used in the operation of the 

system. 
Management qualifications: 

(A) describe the qualifications of the owners and 
managers of the water system, including any 
training and experience in owning or 
managing a water s\stem: and 

(B) pro\ide the name and Public Water Supply 
Identification Number of al] public water 
systems owned within the last fi ve years as 
well as any systems operated under contract 
for another owner within the last five years. 
For systems with administrative penalties 
assessed, describe how the owner will prevent 
similar \iolations at this system. 

Management training. Describe plans to keep 
inanagement current with regulatory reciuirements 
for managing and operating a public water system. 
Policies. At a miniinum. the system shall have 
policies regarding the following procedures: 

(A) cross-connection control: 

(B) customer infcinnation. complaints, and public 
education: 



ID] 

lEj 



budget development and rate structure: 
response and notification if water quality 
violations occur; 



customer connection, disconnection, billing. 

and collection: and 
(F) safety procedures. 

System monitoring, reportin g and record keeping. 
At a miniinum the applicant shall provide: 

(A) A summary ot' the applicable system 
monitoring and rep(trting requirements: and 

(B) A description o[ procedures for keeping and 
compiling rec(irds and reports m accordance 
with Rule .1526 ot' this Subchapter. 

Financial Plans. The plan shall contain the following 
financial information, where applicable: 
(A) Units of Local Government: 

(i) For projects that require the unit of 
local government to incur debt, the unit 
of local government shall submit a 
statement from the Local Goyernment 
Commission stating that debt issue has 
been approved: or 
(ii) For projects that do not require the unit 
of local government to incur debt, the 
unit oi local government shall submit 
the following: 
(I) a statement from the unit of local 



14:3 



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August 2. 1999 



251 



TEMP OR A RYR ULES 



government documenting that 
they are m compliance with G. 
S^ Chapter 159. Article i The 
Local Government Budget and 
Fiscal Control Act; and 
(II) estimated revenues, expenditures 
and rate structure lor the 
construction, operation and 
maintenance, administration and 
reasonable expansion of 
project. 



the 

This information shall 

be proN ided on 



iSi 



lorm 

designated by the Department 
and shall demonstrate that 
revenues are greater than 
expenses. 
The North Carolina Utilities Commission's 
financial determination may be used as the 



financial plan for systems subject to its 
regulations: 

tii submit a copy of the Order Granting 
Franchise and Approving Rates from 
the North Carolina Utility Commission. 
or 
(ii) submit 

Recognizing Continuous Extension and 
Approving Rales from the North 
Carolina Utilities Commission. 
(C) All other community and non-transient non- 
community water systems shall document the 
following: 



copy of the Order 



iii 



analysis that compares anticipated 
revenues with planned expenditures for 
a five year period that demonstrates a 
positive cash {low in each year, and a 
20-vear equipment replacement cost 
Ian documenting the method! s) to 



iiii 



(iii) 



(ivj 



finance equipment replacement; 

the creatic)n and funding of a 

continuous operating cash reserve 

greater than or equal to one-eighth of 

the annual operating, maintenance and 

administratiNC expenses for the water 

system. The reserve shall be fully 

funded by the end of the first year of 

operation; 

the creation and funding of an 

emergency cash reserve greater than or 

equal the cost of replacing the largest 

capacity pump. The reserve shall be 

fully funded by the end ivf the fifth year 

of operation; 

a descriptuMi of the budget and 

expenditure control procedures that 

assure budget control lor the applicant 



iv] 



which includes procedures or policies 
to prevent misuse of funds and a 
demonstration that the system has 
adopted generally accepted accounting 
procedures; and 

in lieu of Sub-Items (ii) and (iii) of this 
Paragraph, substitute documentation 
may be accepted in the following 
instances: 



ill 



on 



an applicant with multiple water 
systems showing reserves 
affording greater or equal 
capabilities, or 

an applicant showing equivalent 
financial capacity to comply 
with requirements of this 
Section. 



oe uscu as uic /q\ 



One Water System Management Plan may be 

submitted on behalf ot an applicant owning and 

operating multiple water systems or an applicant 

pursuing multiple alterations or expansions and may 

include future projected construction or system 

acquisitions. The applicant shall submit a new 

Water System Management Plan for a project not 

covered under the existing Water System 

Management Plan or when violations of this 

Subchapter occur or continue at a system under an 

applicant' sownership or control. 

(d) Operation and Maintenance Plan does not have to be 

submitted to the Department but shall be completed prior to 

submitting the applicant's certification in accordance with 

Paragraph (c) oi' Rule .03(J3 of thns Sectic)n. This plan shall be 

accessible to operator on duty at al] times and available to the 

Department upon request. The Operation and Maintenance 

Plan shall include, at a minimum, a description of the location 

and routine operation and maintenance procedures for: 

( 1 ) components of the treatment facility; 

pumps, meters. \'alves. blow()ITs. and hydrants; 
backllow dcxiccs; 



ill 
ill 

ill 



storage tanks; and 

all other appurtenances requirin s; routine operation 
and maintenance, 
(c) Emergency Management Plan. The plan does not have 
to be submitted to the Department, but shall be completed prior 
to submitting the applicant certification required m Paragraph 
(c) of Rule .0303 of this Section. The Emergency Management 
Plan shall be available to personnel responsible for emergency 
management and operator on duty at a[] times and available to 
the Department upon request. The plan shall contain the 
following information where applicable: 

( I ) For community water systems, a plan with the 

following elements is required: 

(A) identification and ph^)ne numbers of personnel 

responsible for emergency management. 

including system, local, state, and federal 



252 



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August 2, 1999 



14:3 



TEMPORAR Y RULES 



emergency contacts; 

(B) identification of foreseeable natural and 
human-caused emergency event including 
water shoilages and outages; 

(C) description of the emergency response plan 
for each identified event; 

(D) description of the notification procedures; and 

(E) identification and evaluation of aH facilities 
and equipment whose failure would result in a 
water outage or water quality violations. 

(2) For non-transient, non-community water systems, 
the plan shall contain the positions and phone 
numbers of responsible persons to contact in the 
event of an emergency, including system, local. 
state, and federal emergency contacts. 

History Note: Authority G.S. 130A-315: 130A-317: P.L. 

93-523: 

Eff. January 1. 1977: 

Readopted Ejf. Decembers, 1977: 

Amended Ejf. July 1. 1994: September J, 1990; June 30. 1980; 

September 1, 1979; 

Temporarx Amendment Eff. October L^ 1999. 

.0308 ENGINEERING PLANS AND 
SPECIFICATIONS 

fal Cngineer'sRepon. The engineer's r epo r t (includi n g any 
preliminary plans) shall contain the follow i ng info r mation 
where applicable; 

tV) description of any existing water system related to 

the project; 
(^ identification of the municipality, community, a r ea, 
or facility to be served by the p r oposed wa t e r 
system; 
fiH the name and add r ess of the owne r; 
t4) a desc rip tion of the natu r e of the establishments and 
of th e area to be se r ved by the p r oposed wate r 

t5l p rovisio n s fo r futu r e extension o r expansion of the 

water system; 
(fr) a projection of future water demand or requirements 

for service; 
tH any alternate plans fo r meeting the wate r supply 

r equirements of the area; 
(^ financial considerat i ons of the project including : 

t7*r) any a l te rn ate plans; 

t&l costs of i n teg r al units; 

t€^ total costs; 

t&} ope r ati n g expenses; and 

(t) m ethods of fina n ci n g costs of construction, 
operation a n d ma in tenance; 
t^ population — records — and — tre n ds. — pr es en t — and 



anticipated future wa t er demands, pre sent and future 
y i el d o f so urc e or sources of water supply; 
t+01 character of sourc e o r sou r ces of water supply, 
including : 

tAl hydrological data; 
tB) stream flow rates; 
(€) chemical. — mineral. — bacteriological. — and 

physical qualities; and 
t&) loca t io n and natu re of s ources of pollution; 
and 
t+i1 proposed wate r tr e atment processes including: 
tA) crite r ia and basis of design of units. 
tB) me t h ods o r p r oc e dures used in arriving at 

recommendatio n s, and 
t€) reasons or justifi c ations for a n y dev i at i ons 
from conventional or indicated pr oc ess or 
method. 
(tr) (a) Engineering Plans. Engineering Plans for water 
supply systems shall consist of the following: 

( 1 ) title information including the following: 

(A) name of the city. town, board, commission or 
other owner for whom the plans were 
prepared; 

(B) the locality of the project; 

(C) the general title of the set of drawings and 
prints; 

(D) the specific title of each sheet; 

(E) the date; and 

(F) the scales used; 

(2) a preliminary plat plan or map showing the location 
of proposed sources of water supply; 

(3) a general map of the entire water system showing 
layout and all pertinent topographic features; 

(4) detail map of source or sources of water supply; 

(5) layout and detail plans for intakes, dams, reservoirs, 
elevated storage tanks, standpipes. pumping stations, 
treatment plants, transmission pipelines, distribution 
mains, valves, and appurtenances and their relation 
to any existing water system, and the location of all 
known existing structures or installations and natural 
barriers that might interfere with the proposed 
construction; and 

(6) the north point. 

tclib) Specifications. Complete detailed specifications for 
materials, equipment, workmanship, test procedures and 
specified test results shall accompany the plans. The 
specifications shall include, where applicable: 

( 1 ) the design and number of chemical feeders, mixing 
devices, flocculators, pumps, motors, pipes, valves, 
filter media, filter controls, laboratory facilities and 
equipment, and water quality control equipment and 
devices; 



14:3 



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August 2, 1999 



253 



TEMPORAR Y RULES 



(2) provision for continuing with minimum interruption 
the operation of existing water supply facihties 
during construction of additional facilities; 

(3) safety devices and equipment; and 

(4) procedure for disinfection of tanks, basins, filters, 
wells and pipes, pipes; and 

(5) identification of type, brand name, and model 
number for all back flow devices. 

t&) A sup p lier of water which has submitted a local wate r 
supply plan in accordance wi th G.S. 143-355(1) shall also 
provide a copy t o the Division of Environmental Health. 

(c) One copy of the engineering plans and specification, 
upon approval, will be returned to the person or persons 
making application for approval. 

History- Note: Authority G.S. J30A-315; 130A-317: P.L 

93-523: 

Ejf. Jcmuaiy 1. 1977: 

Readopted Ejf. December 5. 1977: 

Amended Ejf. July 1. 1994; July 1, 1993: 

Temporal^ Amendment Eff. October 1_^ 1999. 

.0309 FINAL APPROVAL 

(a) No construction, alteration, or expansion of a water 
system, subject to approval as described in Section .0300 of 
this Subchapter, shall be placed into service and no service 
connections shall be made until the applicant has complied 



fully with Section .0300 of this Subchapter and received Final 
Approval from the Department. 

(b) Temporary approval may be granted by the Department 
for system alterations required to remedy an imminent hazard 
as determined by the Department. 

History Note: Authority G.S. J30A-315: 130A-317; P.L. 

93-523; 

Temporary Adoption Eff. October 1. 1999. 

SECTION .1300 - OPERATION OF PUBLIC WATER 
SUPPLIES 

.1304 WATER SYSTEM OPERATION AND 

MAINTENANCE 

(a) Water systems shall be operated and maintained in 
accordance with applicable approved engineering plans and 
specifications and a completed Water System Management 
Plan. 

(b) Water systems shall be operated and maintained in 
accordance with 15A NCAC 18D, Rules Governing Water 
Treatment Facility Operators, Rule .0206 and G.S. 90A-29. 

Histoiy Note: Authority- G.S 90A-29; 130A-315: P.L 93- 

523: 

Temporan- Adoption Eff. October /^^ 1999. 



254 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



RULES REVIEW COMMISSION 



1 his Section contains the agenda for the next meeting of the Rules Review Commission on Thursday. August 19. 1999. 
10:00 a.m. . at 1307 Gienwood Ave., Assembly Room. Raleigh. NC. Anyone wishing to submit written comment on any 
rule before the Commission should submit those comments to the RRC staff, the agency, and the individual 
Commissioners by Monday, August 16. 1999. at 5:00 p.m. Specific instructions and addresses may be obtained from the 
Rules Review Commission at 9 1 9-733-272 1 . Anyone wishing to address the Commission should notify the RRC staff and 
the agency at least 24 hours prior to the meeting. 



RULES REVIEW COMMISSION MEMBERS 



Appointed by Senate 

Teresa L. Smallwood, Vice Chairman 
John Arrowood 

Laura Devan 

Jim Funderburke 

David Twiddy 



Appointed by House 

Paul Powell, Chairman 

Anita White, 2"*^ Vice Chairman 

Mark Garside 

Steve Rader 

George Robinson 



RULES REVIEW COMMISSION MEETING DATES 



August 19, 1999 
September 16, 1999 
October 21, 1999 



November 18. 1999 
December 16. 1999 



LOG OF FILINGS 
RULES SUBMITTED: JUNE 20, 1999 THROUGH 

agency/division rule name rule 

DEPARTMENT OF COMMERCE/COMMERCE FINANCE CENTER 

Background and Objectives 4 NCAC 

Definitions 4 NCAC 

Date of Receipt of Applications 4 NCAC 

Application Categories and Requirements 4 NCAC 
Review of Applications and Funding 4 NCAC 

Eligibility Requirements 4 NCAC 

Review: APP Funding 4 NCAC 

Eligibility Requirements 4 NCAC 

General 4 NCAC 

Required Findings 4 NC\C 

Formal Applications Procedures: Denial 4 NCAC 
Formal Application Procedures: Approval 4 NCAC 

4 NCAC 
4 NCAC 
4 NCAC 
4 NCAC 
4 NCAC 
4 NCAC 
4 NCAC 



Findings Requirements 

General 

Limitations 

Reversion of Funds 

Reporting Requirements 

Annual Designation 

Compliance with NC Env. Rules 



JULY 20, 


1999 




ACTION 


11.0101 


Amend 


11.0102 


Amend 


11.0201 


Amend 


11 .0202 


Amend 


11.0301 


Amend 


11.0302 


Amend 


11 .0303 


Repeal 


11.0304 


Repeal 


11 .0401 


Repeal 


11 .0402 


Amend 


1 1 .0403 


Amend 


11.0404 


Amend 


1 1 .0405 


Repeal 


11.0501 


Amend 


11 .0502 


Amend 


11.0503 


Amend 


11.0601 


Repeal 


11 .0701 


Amend 


11.0801 


Adopt 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



255 



RULES REVIEW COMMISSION 



DEPARTMENT OF LABOR 

Workplace Retaliatory Disc. Office 

DENRySEDIMENTATION CONTROL COMMISSION 

Basic Control Objectives 
Mandatory Standards 
Plan Approval Certificate 

DENRAVILDLIFE RESOURCES COMMISSION 

Scope and Purpose 

Primary Nursery Areas Defined 

Descriptive Boundaries 

Pender County 

Burke County 

McDowell County 

Hoke County 

DENR/COMMISSION FOR HEALTH SERVICES 

Water Supply 

Cleaning of Equipment and Utensils 

DENRAVELL CONTRACTORS CERTIFICATION COMMISSION 

Duties of a Certified Well Contractor 

Definitions 

Schedule of Certification Fees 

Application Req. for Certification 

Submittal and Processing of Applications 

Well Contractor Examinations 

Time and Place of Examination 

Conducting and Grading Examination 

Examinatiiin Results and Issuance of Cert. 

Certification by Legislative Exemption 

Reciprocal Waiver of Exam for Cert. 

Temporary Certification 

Conditions/Limitations/Renewal of Cert. 

Establishment of Types of Certification 

Requirements 

Units 

Determination of Credit 

Recordkeeping 

Exemptions 

Revocation, Relinquishment or Expiration 

Recert. Following Revocation/Relinquish 

Notification to the Department 

Civil Penalties 



13NCAC 19 


0101 


Amend 


15NCAC4B 


.0106 


Amend 


15NCAC4B 


.0107 


Amend 


15NCAC4B 


.0127 


Amend 


I5NCAC IOC .0501 


Amend 


15NCAC IOC .0502 


Amend 


15NCAC IOC .0503 


Amend 


15NCAC 1 OF .0321 


Amend 


15NCAC 1 OF .0323 


Amend 


15NCAC 1 OF .0339 


Amend 


15NCAC 1 OF .0367 


Adopt 


15NCAC 18A.I61I 


Amend 


I5NCAC ISA .2618 


Amend 


1 5 NCAC 27 


.0101 


Adopt 


15NCAC27 


.0110 


Adopt 


15 NCAC 27 


.0201 


Adopt 


15 NCAC 27 


.0301 


Adopt 


15 NCAC 27 


.0401 


• Adopt 


15 NCAC 27 


.0410 


Adopt 


15 NCAC 27 


.0420 


Adopt 


15 NCAC 27 


.0430 


Adopt 


15 NCAC 27 


.0440 


Adopt 


15 NCAC 27 


.0501 


Adopt 


15 NCAC 27 


.0510 


Adopt 


15 NCAC 27 


.0520 


Adopt 


15 NCAC 27 


.0601 


Adopt 


1 5 NCAC 27 


.0701 


Adopt 


1 5 NCAC 27 


.0801 


Adopt 


15 NCAC 27 


.0810 


Adopt 


15 NCAC 27 


.0820 


Adopt 


15 NCAC 27 


.0830 


Adopt 


15 NCAC 27 


.0840 


Adopt 


15 NCAC 27 


.0901 


Adopt 


15 NCAC 27 


.0910 


Adopt 


15 NCAC 27 


.0920 


Adopt 


15 NCAC 27 


.0930 


Adopt 



STATE BOARDS/NC LICENSING BOARD FOR GENERAL CONTRACTORS 

Increase in Limitation 21 NCAC 12 .0504 



Amend 



256 



NORTH CAROLINA REGISTER 



August!, 1999 



14:3 



RVLES REVIEW COMMISSION 



STATE BOARDS/NC BOARD OF PHARMACY 

Emergency Prescription Refil 



21 NCAC46.1815 



Adopt 



RULES REVIEW COMMISSION 

July 15, 1999 
MINUTES 

The Rules Review Commission met on June 17. 1999. in the Assembly Room of the Methodist Building, 1307 Gienwood Avenue. 
Raleigh. North Carolina. Commissioners in attendance were Chairman Paul Powell. Teresa Smallwood, Steven P. Rader. Jim 
Funderburk, John Arrowood, Laura Dcvan. R. Palmer Sugg, and Mark Garside. 

Staff members present were: Joseph J. DeLuca. Staff Director; Bobby Br>an. Rules Review Specialist; and Sandy Webster. 



The following people attended: 
Harry Wilson 
Dedra Alston 
Dee Williams 
Emilv Lee 



State Board of Education 

DENR 

State Board of Cosmetic Art Examiners 

TRANSPORTATION/Division of Motor Vehicles 



APPROVAL OF MINUTES 

The meeting was called to order at 10:01 a.m. with Chairman Powell presiding. He asked for any discussion, comments, or 
corrections concerning the minutes of the June 17. 1999 meeting. TTiere being none, the ininutes were approved. 

FOLLOW-UP MATTERS 

12 NCAC 9A .0103: JUSTICE/Criminal Justice Education & Training Standards Commission - This Commission will meet on 
August 20. 1999 and the agency will respond after their Commission meets. 

12 NCAC 9B .0107. .0113. .0201. .0202. .0203. .0204. .0205, .0206. .0226. .0227. .0228, .0232, .0233 and .0305: 
JUSTICE/Cnminal Justice Education & Training Standards Commission- The Commission will meet on August 20. 1999 and the 
agency will respond after their Commission meets. 

12 NCAC 9C .0211, .0212, and .0213: JUSTICE/Criminal Justice Education & Training Standards Commission - This 
Commission will meet on August 20, 1999 and the agency will respond after the Commission meets. 

12 NCAC lOB .0103: JUSTICE/Sheriffs' Education & Training Standards - This Commission will meet on September 16. 1999 
and the agency will respond after the Commission meets. 

21 NCAC 141 .0104 and .0107: Stale Board of Cosmetic Art Examiners - No response was received from the agency. 

21 NCAC 14J .0208 and .0501 - State Board of Cosmetic Art Examiners - No response was received from the agency. 

2 1 NCAC 14L .0101 - State Board of Cosmetic Art Examiners - No response was received from the agency. 

21 NCAC 14N .01 13 - State Board of Cosmetic Art Examiners - No response was received from the agency. 

21 NCAC 140 .0101 and .0104 - State Board of Cosmetic Art Examiners - No response was recei\'cd from the agency. 



14:3 



NORTH CAROLINA REGISTER August 2, 1999 



257 



RULES REVIEW COMMISSION 



21 NCAC 14P .0105, .0111, .0112, .01 13, .01 14, and .01 16 - State Board of Cosmetic Art Examiners - No response was received 
from the agency. 

21 NCAC I6M .0101: State Board of Dental Examiners - The rewritten rule submitted by the agency was approved by the 
Commission. 

21 NCAC 18B .0208: State Board of Examiners of Electrical Contractors - The rewritten rule submitted by the agency was 
approved by the Commission. 

LOG OF FILINGS 

Chairman Powell presided over the review of the log and all rules were unanimously approved with the following exceptions: 

2 NCAC 20B .0104: AGRICULTURE/Board of Agriculture - The Commission objected to this rule due to ambiguity. In (0, it is 
not clear what the amount of the reduced rate for exhibitors or concessionaires is, or conversely what standards the State Fair 
Manager will use in offering it. This objection applies to existing language in the rule. 

2 NCAC 43L .0309: AGRICULTURE/Board of Agriculture - The Commission objected to this rule due to ambiguity. In (f), it is 
not clear what the amount of the reduced rate for gate admission to the North Carolina Mountain State Fair for exhibitors and 
concessionaires is, or conversely, what standards the Western North Carolina Agricultural Center Manager is to use in setting it. 
This objection applies to existing language in the rule. 

2 NCAC 34 .0103: AGRICULTURE/Agriculture and Consumer Services - The Commission objected to this rule due to lack of 
necessity. It merely repeals S.L. 1998-212 s. 13.5(d) and is therefore unnecessary. 

2 NCAC 54 .0105: AGRICULTURE/Agriculture and Consumer Services - The Commission objected to this rule due to 
ambiguity. S.L. 1998 -212 s. 13.5(c) requires the department to adopt rules that establish guidelines for distributing the funds in a 
fair and equitable manner. This rule purportedly implements that provision. It is totally unclear how the Commissioner will divide 
the money. 

10 NCAC 19G .0823: DHHS/Commission for the Blind - The Commission voted to return the rule to the agency because of its 
failure to adopt the rule in accordance with Article 2A of Chapter 150B of the Genera! Statutes. Apparently this rule has never been 
adopted by the Commission. The Submission form indicates the rule was adopted August 1. 2000 which is not possible. The 
agency has not responded to a written request to correct the form and in a telephone conversation the staff was not sure if the 
Commission had adopted the rule. If it has been correctly adopted, the agency may refile the rule at a later date. 

15A NCAC 7H .0309: DENR/Coastal Resources Commission - The Commission objected to this rule due to ambiguity. In (a)( 1 ), 
it is not clear what constitutes a "substantial" permanent structure. Also in (a), it is not clear what constitutes a "significant" 
alteration. This objection applies to existing language in the rule. 

15A NCAC 7H .1805: DENR/Coastal Resources Commission - The Commission objected to this rule due to lack of statutory 
authority and ambiguity. In (d), it is not clear what is meant by "signillcantly" increase erosion or "significant adverse effect on 
important natural and cultural resources." In (f), the added provision allowing the division to approve work from May 1 through 
November 15 is a waiver provision without specific guidelines in violation of G.S. 150B-19(6). This objection applies to existing 
language in the rule. 

15A NCAC 7H .2105: DENR/Coastal Resources Commission - The Commission objected to this rule due to ambiguity. In (k), it is 
not clear what "other suitable materials" will be approved by division personnel. This objection applies to existing language in the 
rule. 

16 NCAC 6C .0100, .0200, and .0300: STATE BOARD OF EDUCATION - The Commission voted to return the rules to the 
agency for failure to comply with the rulemaking procedures in Article 2A of Chapter 150B of the General Statutes. The Board did 



258 NORTH CAROLINA REGISTER August 2, 1999 14:3 



RULES REVIEW COMMISSION 



not publish a notice of rulemaking proceedings for these rules in accordance with G.S. 150B-21.2(a)( 1 ). Presumably the basis for 
the failure to publish was Section 28 of Chapter 716 of the 1995 (Reg. Sess. 1996) Session laws, codified as G.S. 1 15C-17. which 
allows rules directly related to the implementation of that act to be adopted omitting part of the process. The commission found 
that there is no direct relationship. 

16 NCAC 6C .0501: STATE BOARD OF EDUCATION - The Commission objected to this rule due to lack of statutory authority 
and ambiguity. In (g). it is not clear what rating scale is recommended by the State Board of Education. In (h), apparently the job 
descriptions and performance standards and criteria have not been adopted as rules. G.S. I l5C-.^26 requires that they be adopted 
and there is no authority to have them otherwise. 

16 NCAC 6E .0202: STATE BOARD OF EDUCATION - The Commission voted to return the rule to the agency for failure to 
comply with the rulemaking procedures in Article 2A of Chapter 150B of the General Statutes. The Board did not publish a notice 
of rulemaking proceedings for this rule in accordance with G.S. l50B-2l.2(a)( 1 ). Presumably the basis for the failure to publish 
was Section 28 of Chapter 716 of the 1995 (Reg. Sess. 1996) Session laws, codified as G.S. 1 15C-I7, which allows rules directly 
related to the implementation of that act to be adopted omitting part of the process. TTie commission found that there is no direct 
relationship. 

16 NCAC 6G .0502: STATE BOARD OF EDUCATION - The Commission voted to return the rule to the agency for failure to 
comply with the rulemaking procedures in Article 2A of Chapter I50B of the General Statutes. The Board did not publish a notice 
of rulemaking proceedings for this rule in accordance with G.S. 150B-21.2(a)( 1 ). Presumably the basis for the failure to publish 
was Section 28 of Chapter 716 of the 1995 (Reg. Sess. 1996) Session laws, codified as G.S. 1 15C-17. which allows rules directly 
related to the implementation of that act to be adopted omitting part of the process. The commission found that there is no direct 
relationship. 

16 NCAC 6H Rules: STATE BOARD OF EDUCATION - The Commission voted to return the rules to the agency for failure to 
comply with the rulemaking procedures in Article 2 A of Chapter 1 50B of the General Statutes. The Board did not publish a notice 
of rulemaking proceedings for these rules in accordance with G.S. 150B-2l.2(a)( I ). Presumably the basis for the failure to publish 
was Section 28 of Chapter 716 of the 1995 (Reg. Sess. 1996) Session laws, codified as G.S. 1 15C-I7, which allows rules directly 
related to the implementation of that act to be adopted omitting part of the process. The commission found that there is no direct 
relationship. 

1 9A NCAC 31 .0307: TRANSPORTATION/Division of Motor Vehicles - The Commission objected to this rule due to ambiguity. 
In (3)(d)(viii), it is not clear what reports are required by the division. This objection applies to existing language in the rule. 

19A NCAC 31 .0402: TRANSPORTATION/Division of Motor Vehicles - The Commission objected to this rule due to lack of 
statutory authority and ambiguity. It is not clear what manner of inspection is required for each vehicle in (c). There is no authority 
to set requirements by form. This objection applies to existing language in the rule. 

19A NCAC 31 .0804: TRANSPORTATION/Division of Motor Vehicles - The Commission objected to this rule due to lack of 
statutory authority. There does not appear to he authority for the Commissioner to assess fines. 

COMMISSION PROCEDliRES AND OTHER MATTERS 

Mr. DeLuca reported that the President Pro Tempore would reappoint all Commissioners to the Rules Review Commission, the 
Speaker would reappoint George Robinson, and that Commissioners Rader and Garside would not likely be reappointed. He also 
reported that the NASS conference in St. Louis went very well. Mr. Bryan read all of the rules for this month and Mr. DeLuca will 
read all of the rules next month since Mr. Bryan is being married in two weeks.. Commissioner Rader made the motion and 
Commissioner Sugg made the second that the Commission go into Executive Session to discuss the Board of Pharmacy v. the 
Rules Review Commission. The Commission returned from Executive Session to adjourn at 1 1:52 a.m. 

The next meeting will be on August 19. 1999. 

Respectfully submitted, 
Sandy Webster 



14:3 NORTH CAROLINA REGISTER August 2, 1999 259 



CONTESTED CASE DECISIONS 



1 his Section contains the full text of some of the more significant Administrative Law Judge decisions along with an 
index to all recent contested cases decisions which are fded under North Carolina 's Administrative Procedure Act. 
Copies of the decisions listed in the index and not published are available upon request for a minimal charge b\ 
contacting the Office of Administrative Hearings, (919) 733-2698. Also, the Contested Case Decisions are available on 
the Internet at the following address: littp://www. state. nc.us/OAH/hearings/decision/caseindex. htm. 



OFFICE OF ADMINISTRATIVE HEARINGS 

Chief Administrative Law Judge 
JULIAN MANN, III 

Senior Administrative Law Judge 
FRED G. MORRISON JR. 

ADMINISTRA TIVE LAW JUDGES 



Sammie Chess Jr. 
Beecher R. Gray 
Melissa Owens 



Meg Scoti Phipps 

Robert Roosevelt Reilly Jr. 

Beryl E. Wade 



AGENCY 

ADMINISTRATION 

Laidlaw Transit Svcs, Inc. v, Kane G, Dorselt. Sec'y/Dept/Adminislration 

ALCOHOLIC BEVERAGE CONTROL COMMISSION 

Alcoholic Beverage Control Commission v. Keyland, Inc., T/A Cloud 9 

CRIME CONTROL AND PUBLIC SAFETY 

William Samuel McCraw \ Crime Viclims Compensation Commission 
Anson D. Lotmey \ . Cnme Victims Compensation Commission 

ENVIRONMENT AND NATURAL RESOURCES 

R.J Reynolds Tobacco Co. v. Dept. of Environment & Natural Resources 
Charles H Jordan v. Brunswick County Health Department 

Division of Air Quality 

Terrance W Bache. Pres . Terhane Group. Inc. v. DENR. Div/Air Quality 

Division of Land Resources 

Buel B Barker. Jr and Hubhard Realty of Winston-Salem. a NC Corp.. 
jointly and severally v. Dept of Environment and Natural Resources, 
Div. of Land Resources 



CASE 




DATE OF 


PUBLISHED DECISION 


NUMBER 


ALJ 


DECISION 


REGISTER CITATION 


99DOA0I02 


Morrison 


06/11/99 


14 02 NCR ll.'5 


98 ABC 1099 


Overby 


01/17/99 




98CPS 1626 


Momson 


06/09/99 




99 CPS 0096 


Morrison 


0.'i/2.'S/99 




98EHR ]M^ 


Wade 


06/04/99 


14:02 NCR 110 


99EHR0201 


Momson 


06/28/99 




98EHR 1790 


Mann 


06/2.V99 




98EHR I4.i7 


Momson 


06/09/99 





Division of Water Quality 

J Todd Yate.s and Teresa B Yates v DENR. Div of Water Quality 



98EHR 14.S6 Wade 



06/22/99 



BOARD OF GEOLOGISTS 

Andrew M Rarma. Ph D \ Board for the LicensmEi of Geoloeists 



99 BOG 0150 Mann 



06/16/99 



HEALTH AND HUMAN SERVICES 



260 



NORTH CAROLINA REGISTER 



August 2, 1999 



14:3 



CONTESTED CASE DECISIONS 



AGENCY 



CASE 
NUMBER 



ALJ 



DATE OF 
DECISION 



PIBLISHED DECISION 
RECISTER CITATION 



Emesi Clyde Absher and Dianna B Ahsher \ , Health & Human Resources ')S DHR 1622 Reilly 

Andrew Gainey V Office of the Chief Medical Bxaminer 4S DHR 1761 Owens 

J.P, Lynch v Department of Health & Human Sen ices 99 DHR 01 1 1 Reilly 

New Hope Living Centers. Enc D, Lewis V Health & Human Senices 99 DHR 0170 Owens 

Lonnie Herring \ Department of Health &i Human SerN'ices 99DHRO_V';o Reilly 



06/17/99 
OS/ 12/99 
05/25/99 
05/25/99 
06/0.V99 



14:01 NCR 69 



Division of Facility Senices 

Kelly M. Poole v. Health & Human Services. Div. of Facility Services 
Delia C. Jones v. Health & Human Services. Div. of Facility Services 
Carolyn Grant v. Health & Human Services, Div. of Facility Services 
Sarah Frances Alford v. Health & Human Svcs . Div of Facility Svcs, 



97 DHR 0629 


Chess 


98 DHR 1680 


Gray 


99 DHR 0145 


Mann 


99 DHR 0220 


Phipp 



06/14/99 
06/09/99 
06/11/99 
06/08/99 



Division of Social Senices 

Joanna Price \ Caldwell Countv Social Services 



99 DHR 0520 



Morrison 



06/10/99 



ChiUl Sitppiirt Enfont'/twnl Seclion 
Lindy Teachout \ . Department of Health & Human Services 
Thomas Ashley Stewart II v. Department of Health & Human Services 
Richard Arnold Collins v. Jones County DSS 
Kenneth Wayne Adair v. Department of Human Resources 
G S Hall v Department of Health & Human Ser\ ices 
Donald Edward Law II v. Department of Human Resources 
Robert M Chandler Jr \ , Depanment of Health & Human Ser\ ices 
Grady L Chosewood v Depanment of Health & Human Sers'ices 
Fulton Allen Tillman v. Department of Health & Human Services 
Nathaniel Alston \ Department of Health & Human Services 
Dane Wesley Ware v. Department of Health & Human Services 
Oscar William Willoughhy Sr. v. Depl of Healili At Human Services 
BilU J. Young \ Depanment o{ Health A: Human Ser\ ices 
Beverlv K Thompson \ Depanment of Health & Human Services 
Michael L Timmer v Department of Health & Human Services 
Elizabeth F. West v Depanment of Health & Human Services 
Roy D. Washington v. Department of Health & Human Senices 
Gerald Scott Saucier v. Department of Health & Human Services 
Lawrence Gordon Soles v. Depanment o\ Health &; Human Services 
Kalhryn P. Fagan v Depanment of Health & Human Services 
Deborah Seegars v, Depanment of Health & Human Services 



98 CRA 0727 


Reilly 


06/24/99 


99 CRA 0628 


Reilly 


06/14/99 


96CSE 1810 


Reilly 


06/28/99 


98 CSE 0229 


Momson 


06/30/99 


98CSE LW2 


Reilly 


06/24/99 


98 CSE 1586 


Momson 


06/25/99 


98 CSE 1789 


Phipps 


05/27/99 


99CSE0.W1 


Mann 


07/01/99 


99 CSE 0.^ 1 1 


Reilly 


06/30/99 


99 CSE 03 17 


Mann 


07/01/99 


99 CSE 0.359 


Gray 


06/28/99 


99 CSE 0.371 


Momson 


06/28/99 


99 CSE 0374 


Reilly 


06/14/99 


99 CSE 0435 


Reilly 


06/14/99 


99 CSE 0437 


Wade 


06/08/99 


99 CSE 045 1 


Momson 


0.5/25/99 


99 CSE 0481 


Reilly 


06/25/99 


99 CSE 0576 


Mann 


06/09/99 


99 CSE 0-581 


Momson 


06/09/99 


98 DCS 1769 


Momson 


06/25/99 


99 DCS 0505 


Phipps 


06/30/99 



.USTICE 

Alann Systems Licensing Board 

Terry Alien Bnckey \ Alarm Systems Licensing Board 
Bnan Anthony Banimac v. Alarm Systems Licensing Board 
Melvin T Lohr v. Alarm Systems Licensing Board 
Bradford D. Penny \ . Alarm Systems Licensing Board 
Benny L Shaw v. Alarm Systems Licensing Board 



99 DOJ 0097 
99 DOJ 0487 
99 DOJ 0490 
99 DOJ 0522 
99 DOJ 0523 



Wade 

Momson 

Momson 

Momson 

Momson 



05/21/99 
05/25/99 
05/24/99 
06/08/99 
06/08/99 



Education and Training Standards Division 

Rock Sie\en Edwards \ Cnminal Justice Ed <^ Training Stds Comm 
Anthony Scott Hughes v. Shenffs' Ed. & Training Standards Comm 
Hal Pilgreen v Cnminal Jusnce Ed & Training Stds. Comm. 
Emma J Kiser v Shenffs' Ed & Training Standards Comm. 
Shem Da\is Kenne\ \ Cnminal Justice Ed & Trainins Stds Comm. 



98 DOJ 0906 


Chess 


98 DOJ 1 530 


Chess 


98 DOJ 1775 


Chess 


98 DOJ 1793 


Gray 


99 DOJ 0067 


Wade 



0.5/13/99 
0,5/12/99 
06/09/99 
06/07/99 
06/08/99 



Private Protective Senices Board 

Michael Lynn Aner v. Pnvate Protective Services Board 
Jeffrey S. Moore \ Pnvate Protective Services Board 
Bonnie Mane Keller v, Pnvate Protective Services Board 
Ronald E SuUoway v Pnvate Protectue Services Board 
Ravmond Solomon v Pnvate Protective Senices Board 



99 DOJ 0262 
99 DOJ 0488 
99 DOJ 0491 
99 DOJ 0493 
99 DOJ 0494 



Wade 

Momson 

Momson 

Momson 

Morrison 



0.5/25/99 
05/24/99 
05/24/99 
05/24/99 
05/25/99 



14:3 



NORTH CAROLINA REGISTER 



August 2, 1999 



261 



CONTESTED CASE DECISIONS 



Charles E. Evans. Jr. v. Private Protective Services Board 
William E Ellis. Sr v Private Protective .Services Board 



99 DOJ 0496 Morrison 

99 DOJ 0.'i27 Momson 



05/25/99 
06/08/99 



PUBLIC INSTRUCTION 

S,H, by and through her guardian and custodian. H.H and H.H v. 

Henderson County Board of Education 
S-L.F. and S.F.F. v.Charlotte-Mccklenbure Board of Education 



98EDC1I24 Mann 

98EDC1649 Mann 



06/11/99 



06/04/99 



STATE PERSONNEL 



Community Colleges 

Thomas Michael Chaniberlin v Department of Community Colleges 



99 OS? 02S6 Phipps 



06/25/99 



Correction 

E- Wayne Irvin v. Department of Correction 

Maydean L. Taylor v. Department of Correction 

Ann McMillian v. Momson Youth Institution. Department of Correction 

DeCarlos Stanley v. Department of Correction 

Harry E, Kenan v. Capl. BE, Lewis. Polk Youth Institution 

Richmond Fulmore v. Department of Correction. Wake Correctional 

Jerry D Crawford v Department of Correction 



94 0SP 1791 


Momson 


98 0SP 1272 


Chess 


98 0SP 1275 


Chess 


99 DSP 0027 


Momson 


99OSP0257 


Phipps 


99OSP0416 


Mann 


99OSP0.';77 


Reillv 



05/18/99 
0.5/14/99 
05/12/99 
06/22/99 
06/07/99 
06/04/99 
06/02/99 



14:01 NCR 60 



North Carolina School for [he Deaf 

Enc Arden Hurley v North Carolina School for the Deaf 



99 OSP 0087 



Reillv 



06/24/99 



Employment Security Commission 

Russell J, Sugav Employment Security Commission 



96 OSP 



Reillv 



05/26/99 



Health and Human Services 

Dons Virginia Weanng V Durham County Health Departmeni 98 OSP 14.^2 Reilly 

Julia A, Cameron v. John Umstead Hospital. Health & Human Services 99 OSP 005.1 Momson 



06/18/99 
06/22/99 



Johnston County 

Lili Romaine Lee v. County of Johnston 



99 OSP 0456 



Momson 



06/02/99 



Justice 

Thomas Michael Chamberlin v Justice. Justice Academy 



99 OSP 0.108 



Phipps 



06/11/99 



Transportation 

Charles W McAdams v Depl. of Transportation. Div/Motor Vehicles 
Larry R. Lane v. Department of Transportation 
Ronald Roberson v. Dept. of Transportation. Righi-ot-Way Branch 
Shelvia Davis v. Department of Transportation 



99 OSP 00.14 


Mann 


06/2.1/99 


99 OSP 0105 


Mann 


06/11/99 


99 OSP 0142 


Momson 


06/08/99 


99 OSP 01 56 


Owens 


06/2.1/99 



University of North Carolina 

Jackie S, Flowers v. East Carolina University 



98 OSP 1618 



Reilly 



06/24/99 



UNIVERSITY OF NORTH CAROLINA 

Stephanie A, Payne v. UNC Hospitals 



99 UNC 0175 



Momson 



06/21/99 



Consolidated Cases. 



262 



NORTH CAROLINA REGISTER 



August 2. 1999 



14:3 



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